Responsibility of Members
Relationship of the Parties
You and SwapCaps.com are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and SwapCaps.com. You understand that you do not have authority to make or accept any offers or make any representations on behalf of SwapCaps.com. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned while using the SwapCaps.com program. For privacy and for protection of our marketing strategies no part of the site, e-mails, newsletters, updates, templates and promotions may be reproduced in any way without prior consent. This includes but is not limited to use of our images, ideas, text, terms or any other information we consider as copyrighted material. Publishing/posting/quoting part or all of such content online or off-line by any means or method is prohibited.
We do not guarantee that a user will receive credit for offers. We reserve the right to refuse credit for an offer for a number of reasons, including, but not limited to, fraud, system abuse and early termination. You are doing all offers on a voluntary basis with the understanding that no credit is guaranteed for the time you spend completing offers. Payment from offers will only be made after verification that offers completed have been validated and that the offer(s) has been paid upon by the advertiser. SwapCaps.com will never be deemed as owing payment to any member. There are occasional delays in receiving commissions from the advertisers and, by participating in the SwapCaps.com program, members understand and acknowledge that no payment shall be made until SwapCaps.com has received such payment from its advertisers.
We do not believe in spam; SwapCaps may occasionally send you periodical e-mails containing information regarding site updates and maintenance. We only send these newsletters if you are subscribed as such and you can opt out from your account management page or by clicking the unsubscribe link in any of the e-mails sent. You may not promote your referral links through unsolicited emailing (i.e. SPAMMING), newsgroup postings, or any other method of mass communication. You may not promote your referral links on SwapCaps. Failure to comply will result in immediate termination of your membership with SwapCaps.com and may result in legal prosecution. SwapCaps.com strictly enforce anti-spamming laws. Spamming is a federal crime; Any member caught spamming will not only have their account terminated immediately and lose any past, present and future earnings, but shall also be held liable for spamming as we shall cooperate with any authorities and investigations that may arise from the aforementioned incident. SwapCaps.com may charge up to $5 per spam email sent.
Using fraudulent information to complete offers and/or completing offers with fraudulent intent will result in the member's account being deleted without notice and relinquishment of all monies in the account. Fraud includes, but is not limited to, the following: using stolen credit cards to complete offers; using false information to complete offers; using information that is not one's own to complete offers; using prepaid gift and/or credit cards to complete offers; completing the same offer multiple times; canceling offers and/or trials prior to receipt of product and/or service.
Multiple signups by any individual user shall be grounds for immediate termination of all involved accounts. SwapCaps.com reserve the right to file charges against an individual in attempt to recover any earnings received. We have a tough anti-cheat system in place making it extremely difficult to cheat, however if someone is caught cheating, or making attempts to do so, we reserve the right to suspend the userís account, resulting in forfeiture of all earnings.
All payments and order requests are revised and fulfilled within 5 business days pending account validation. In some cases payments and orders may require additional time to be processed. Before payment, accounts are audited for validation, to ensure both that no fraud has taken place and that the information provided by an individual is current and correct. We cannot make payment to any member with incomplete or inaccurate account information.
SwapCaps.com reserves the right to request proper identity verification for any and all accounts without stating a reason therefore. If such a request is made of a member and subsequently refused, SwapCaps.com reserves the right to withhold funds.
Limitation of Liability
You understand that, except for information, products or services clearly identified as being supplied by SwapCaps, SwapCaps does not operate, control or endorse any information, products or services on the Internet in any way. Except for SwapCaps-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties, that are not affiliated with SwapCaps. You also understand that SwapCaps cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. SwapCaps PROVIDES THE SERVICE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SwapCaps SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. SwapCaps DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. SwapCaps HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL SwapCaps BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SwapCaps OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SwapCaps LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
SwapCaps makes no representations whatsoever about any other web site or app which you may access through this one or which may link to this Service. When you access a non-SwapCaps web site or app, please understand that it is independent from SwapCaps, and that SwapCaps has no control over the content on that web site or app. In addition, a link to a SwapCaps web site or app does not mean that SwapCaps endorses or accepts any responsibility for the content, or the use, of such web site or app.
SwapCaps.com will not be liable for lost profits, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to both this agreement and the SwapCaps.com program, even if SwapCaps.com has been advised of the possibility of such damages. The provisions of this section survive termination or expiration of the agreement.
At no time will SwapCaps.com be liable for anything resulting from the use of a member's account. This includes, but is not limited to the following: suspension or termination of an account, dissemination of information concerning an account, legal proceedings initiated against a member, or any damages (actual or consequential) from lawsuits, losses, judgments, litigation costs, attorneys' fees, and any other consequences. SwapCaps.com is solely an intermediary between members and advertisers, and is neither ensuring nor endorsing products or services advertised on SwapCaps.com. Members are solely responsible for any and all consequences of decisions made with regard to any partners' websites.
SwapCaps.com is not responsible for any user/member and, at its discretion, may terminate the service for any user/member at any time, without notice. Upon termination, SwapCaps.com has no further responsibility toward any user/member, whether past or present.
Termination of a member's account constitutes forfeiture of the privilege to create a new account. Only one account per household is allowed; if more than one account is created for the same household, this is considered fraud and both accounts will be deleted with all points forfeited. Members are required to use true and accurate account information when signing up and to keep their account information up-to-date at all times. If a member is found to have incomplete, inaccurate, or false account information, that account is subject to termination without notice. Members may cancel the use of SwapCaps.com at any time by using the Delete Account feature on Settings page. These terminated accounts shall lose any and all potential benefits associated with the site, including, but not limited to prizes requested.
SwapCaps.com will not offer or owe anything to users whose accounts have been terminated and/or suspended. SwapCaps.com reserves the right to terminate the account and withhold payment from any and all members who are deemed to have fraudulently completed offers, no matter how insignificant the degree of fraud.
Accounts that have not been logged into for six months or more are deemed inactive and points earned in these accounts are null and void. On a case by case basis, accounts that have been marked as inactive may be able to obtain their points back back - after meeting a specific point goal that is asked of them (such as ranging from earning 100-1000 more points, or referring a certain amount of new members).
Any account that is not email confirmed within 7 days will be removed from the system.
Changes to this agreement
Please note these terms will change from time to time. We expect most changes to be minor, but on occasion, there may be changes that are more significant. Regardless, we will post those changes on this page. Although we reserve the right to change this agreement without any prior notice, we will endeavour to send out a notice to all of our members regarding the new terms and/or terms which have changed. If for any reason you do not accept the changes, you will need to contact us, and your account will be removed.