Terms of Service
Terms of Service Last Updated: Aug 13, 2012
Changes to the Terms of Service
We may change the Terms of Service at any time, as we reasonably deem appropriate. Upon any change in the Terms of Service, we will post the amended agreement on the Site homepage with notice of the changes and/or send you an email notifying you of the nature of the modifications and providing a link to the amended agreement for your review. Your continued use of the Site or Services following any such posting or notification shall constitute your affirmative acknowledgement of the changes to the Terms of Service, and your agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept the Terms of Service, including following any modifications hereto, then you agree not to access the Site or use any content or services available on/through the Site.
Our Site and our Services Our Site is an online platform or forum, whereupon a User may be able to engage with other Users and independently arrange to stay the residence of another User (the “Host”) and/or for another User (the “Guest”) to stay over at that User’s residence and utilize such other related services as may be available on or through the Site (collectively, the “Services”). HomeSwap shall not be involved with and shall have no liability of any kind whatsoever in connection with any arrangement or agreement between Users; and likewise, we have no control over and disclaim all liability concerning the off-site conduct of any of our Users. We reserve the right at any time to change all or any part of the Services, including by eliminating or discontinuing any content or feature of the Services. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the Services after such notice will be deemed acceptance of such changes. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content or feature of the Services.
User Responsibility You are responsible for all use of the Site and the Services, including for all interactions with other Users by you as well as by others to whom you have given your Credentials. You may use the Site and the Services for lawful purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other Users' use or enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, Member accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
copy, modify, adapt, translate, or reverse engineer any portion of the Site or Services; remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through the Site or Services or in any content or other material obtained via the Site or Services; use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or Services; reformat or frame any portion of the web pages that are part of the Site or Services; use the Services for any commercial purpose whatsoever; violate any applicable laws or regulations or infringe upon any intellectual property, privacy, publicity or contractual or any other rights of any person in connection with the Site or Services; create user accounts by automated means or under false or fraudulent pretenses; attempt to defeat any security or verification measure relating to the Site or Services; provide or use tracking or monitoring functionality in connection with the Site or Services, including, without limitation, to identify other users’ actions or activities; impersonate or attempt to impersonate HomeSwap or any HomeSwap employee, contractor, administrator or another user, or any other person or entity; or collect or store personal data about other Members in connection with the prohibited activities described in this paragraph. We may take any legal action and implement any technical remedies we deem appropriate to prevent the violation of this provision and to enforce the Terms of Service
Address Verification Postcards In order to utilize certain Services, we may require prior verification of your address via our “Verification Postcard Tool,” whereby we will send you via US postal mail a postcard containing a “Verification Code” which you must enter prior to utilizing such Services. In connection with your use of any Services for which address verification is required (as determined by HomeSwap in our sole discretion), you hereby agree to provide HomeSwap with your complete and accurate residential mailing address, and you consent to our delivery of one (1) postcard to said address. Notwithstanding the foregoing, you acknowledge and agree that our "Verification Postcard Tool” shall in no way be considered a guarantee of any User’s identity or lawful place of residence; rather, it is merely a risk mitigation tool that we provide for the convenience of our Users, and you, and not HomeSwap, shall be solely responsible for ascertaining the identity and suitability of any other User with whom you interact. We do not endorse any User or investigate any User’s reputation, conduct, morality, criminal background, or verify any of the information submitted by the User. We encourage you to communicate with potential Hosts and Guests in the same manner and take the same precautions that you would normally take when dealing with a stranger.
You are solely and fully responsible for your Posted Content, including for the legality, reliability, appropriateness, originality and copyright thereof; You may not post, publish, distribute or reproduce in any way any material subject to copyright, trademark or other third party proprietary rights of any kind without first obtaining all necessary consents, licenses and permissions in writing from the owners thereof; You may not submit any Posted Content that infringes, misappropriates or violates the publicity, privacy or any other rights of a third party; You may not provide any Posted Content that falsely expresses or implies that such material is sponsored or endorsed in any way by HomeSwap; You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity; You understand and agree that HomeSwap may but is not obligated to review and delete any Posted Content that in the sole judgment of HomeSwap violates the Terms of Service or which we otherwise deem offensive, illegal or that might violate the rights of, harm, or threaten the safety of other Users; and
HomeSwap reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Posted Content from the Site, terminating the membership of and blocking use of the Services and/or the Site by such violators, and reporting such activities to law enforcement authorities. Prohibited Posted Content includes, but is not limited to, content that, in the sole discretion of HomeSwap:
is false or intentionally misleading; involves the transmission of unsolicited mass mailing or "spamming"; is threatening, obscene or defamatory; depicts the use of illicit drugs; is pornographic or sexually explicit in nature; contains profanity, nudity, violence, obscene language or is otherwise patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; solicits or is designed to solicit personal information from anyone under the age of 18 or which exploits image or the likeness of any individual under the age of 18; publicly posts information that poses or creates a privacy or security risk to any person; solicits or is designed to solicit passwords or personal identifying information from other Users; provides a link to any commercial website; or violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any party.
Our Copyright Dispute Policy. HomeSwap respects the intellectual property of others and requires that our Users do the same. It is our policy to terminate the membership of repeat infringers. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the HomeSwap Site (providing the URL(s) of the claimed infringing material satisfies this requirement); information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email 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 statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and your physical or electronic signature.
Our Designated Copyright Agent for notification of claimed infringement can be reached by email at: email@example.com or at the following postal address: Attn: Designated Copyright Agent HomeSwap 305 West Broadway #205, New York, NY 10013
Links to Other Websites The Site may contain advertisements and/or links to other websites (“Third Party Sites”). These links are provided solely for the convenience of the Users. HomeSwap does not endorse, sanction or verify the accuracy or ownership of the information contained in or on any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site, you may no longer be protected by these Terms of Service and you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. HomeSwap bears no responsibility for any action associated with any Third Party Site. Moreover, HomeSwap does not imply an affiliation with any Third Party Site.
Proprietary Rights Except for your Posted Content, all of the content available on or through the Site, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or video and audio content, is owned and/or controlled by HomeSwap, our licensors or other Users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain our proprietary information. Subject to and conditioned upon your compliance with these Terms of Service, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the aforementioned content for personal, non-commercial purposes only, and we do not transfer any intellectual property or other rights to you by virtue of permitting your use of the Site or Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish, (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services, in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, we do not grant you any express or implied rights, and all rights in the Site and Services not expressly granted by us to you are retained by us.
Disclaimer of Warranties
IF YOU USE ACCESS OUR SITE OR USE ANY OF OUR SERVICES, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeSwap MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. HomeSwap DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL HomeSwap, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR SERVICES.
Limitations on Liability YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY TRANSACTIONS, COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG USERS OF THE SITE OR SERVICES, WHETHER ON-LINE OR OFF- LINE, OR OTHERWISE IN CONNECTION WITH OUR SITE OR SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 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.”
Indemnity You shall defend, indemnify and hold harmless us (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your use of our Site or Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms of Service by you or anyone to whom you give your Credentials. If you are obligated to so indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
Termination We may, in our sole discretion, immediately terminate your access to and block your use of the Site or Services or any portions thereof, at any time, without prior notice and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon termination of these Terms of Service, your right to access and/or use the Services will immediately cease, and we may immediately deactivate or delete your Credentials, and all related information and files associated with your account. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or Services. Except for the license to access and use the Site and Services granted to you by HomeSwap herein, the rights and obligations of the parties as set forth in these Terms of Service shall survive termination.
Reporting Misconduct In the event that you ever choose to be a Guest or Host of another User whom you feel is acting or has acted inappropriately, including but not limited to by engaging in offensive, violent or sexually inappropriate behavior, or theft, you agree to immediately report said User to HomeSwap and if appropriate, the legal authorities; provided, however, that our receipt of notification concerning any misconduct by any User shall in no way obligate HomeSwap to take any action whatsoever or cause HomeSwap to incur any liability of any kind whatsoever.
Choice of Law and Dispute Resolution The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and performed entirely within New York, without giving effect to any conflicts of law statutes. Any controversy, dispute or claim arising out of or related to the Terms of Service, the Site or the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of New York and the County of New York, pursuant to the rules of the American Arbitration Association. Any and all disputes that you may have with HomeSwap shall be resolved individually, without resort to any form of class action.
Eligibility You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. Users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
Assignment We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Service to anyone else and any attempt to do so shall be null and void.
Please Contact Us with any questions regarding these Terms of Services at: (646) 660-2771
Copyright © 2012. HomeSwap, All rights reserved.
- Information We Collect
A. Personal Information
B. Non-Personal Information
We and our suppliers (including providers of web analytics tools) may also use “web beacons,” “log files” and other similar technologies to help us deliver better user experience and to facilitate your ongoing access to and use of the Site, Services and your use of any emails, special promotions or newsletters we may send you. Web beacons are tiny graphic image files embedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the User’s browser. The information collected by web beacons allows us to statistically monitor how many people are using our Site and for what purposes. We also automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; (5) referring source which may have sent you to the Site; and (6) other information associated with the interaction of your browser and the Site (collectively “Traffic Data”). We do not link Traffic Data to Personal Information without your permission.
C. Updating Your Personal Information
D. California Residents
Under California law, Site users who are residents of California may contact us and request certain information about our disclosure of Personal Information to third parties for their direct marketing purposes during the prior calendar year. California residents may request such information by contacting us at the address listed at the end of
We do not knowingly collect Personal Information from children under the age of thirteen (13).
- How We Use Your Information
A. Personal Information
B. Non-Personal Information
We use your Non-Personal Information to customize and tailor your experience with the Site and Services and in emails to you displaying content that we think you might be interested in and according to your preferences. Because Non-Personal Information does not personally identify you, we may use such information for any other purpose we deem appropriate in our sole discretion.
C. Email Choice/Opt-Out
If you no longer wish to receive emails from HomeSwap, you may opt-out of receiving them by following the instructions included in each email, or by emailing us at firstname.lastname@example.org.
- Links to Other Websites
Your Personal Information is stored on a secure, password-protected server and only authorized personnel have access to your information. We use industry-standard encryption technologies with respect to the receipt and transfer of Personal Information you submit to us on the Site and only authorized personnel have access to your information. Nevertheless, despite our best efforts, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time.