Terms and Conditions swapnetwork.io
These general conditions of swapnetwork.io as well as the products and services offered.
Any person who has entered into a contractual commitment with swapnetwork.io is referred to below as a customer.
2. Entry into force, right of revocation, termination by swapnetwork.io
Swapnetwork.io has the right at any time to deactivate a customer's user account without giving reasons or to terminate a previously concluded agreement within 14 days of its conclusion, without giving reasons and without compensation.
If the customer uses the marketplaces and/or the products or services offered on the marketplaces in a way that is contrary to the contract, that is unlawful or that contravenes good morals or if the customer has generated complaints by transmitting to swapnetwork.io data of insufficient quality, such as data relating to the announcement, swapnetwork.io is entitled to immediately withdraw from the agreement without compensation and to cease offering its services without prior notice to the customer and without having to compensate it and deactivate the customer's user account; in either case, any price paid in advance in view of a certain contractual term falls to swapnetwork.io and the customer cannot claim any refund. Any claim of swapnetwork.io remains reserved.
3. Use of marketplaces with or without registration
Marketplaces can be used with or without registration. However, the use of certain products and services requires registration. Only people who are at least 16 years old can register on swapnetwork.io. Swapnetwork.io reserves the right to restrict registration to certain countries.
Swapnetwork.io considers as a client whoever uses the user's identification and password, regardless of whether this person actually has the right of access. The person who registers is responsible for the proper use of the user identification and password.
4. Prices and terms of payment
Unless expressly agreed otherwise, the price calculation is based on the current swapnetwork.io price list. Swapnetwork.io reserves the right to adapt the prices at any time to changes in the market and/or prices. Unless expressly agreed otherwise, prices are net in crypto-currencies.
Depending on the swapnetwork.io product or service, early settlement under the payment terms offered by swapnetwork.io is required; apart from this case, the payment period is ten days from the invoice date, unless a different payment period is agreed according to a separate agreement or a corresponding statement on the invoice. In the absence of payment within the payment period, the customer automatically falls into default. Swapnetwork.io may also refuse to perform its service and terminate the agreement immediately and without compensation, without having to issue a prior formal notice. Furthermore, if, during the term of the contract, payment does not occur within the fixed period, swapnetwork.io is entitled to block the customer's access to his user account. Payment of all overdue invoices results in the lifting of the blockage. In this case, the customer cannot claim an extension of the duration of the contract in proportion to the duration of the blockage. On expiry of the payment period, the statutory default interest is due. Reminder fees of 0€ per reminder are to be paid in addition. The customer also bears the damage suffered by swapnetwork.io due to the delay in payment and/or the termination of the agreement.
5. No Reuse of Information
Commercial use of information and content is reserved for customers. Apart from that, customers do not acquire any rights to the content or information made available on the marketplaces. Any violation will be subject to civil and criminal penalties.
Customers expressly undertake not to use, in any manner or form whatsoever, the information or content made accessible on the marketplaces outside of them. In particular, customers shall refrain from copying, publishing or reproducing in any other way (e.g. on the Internet) the data accessible on the marketplaces, or from linking them to other data.
6. Intellectual Property Rights
All rights to the information, elements and content of the marketplaces, in particular the copyrights, trademarks and designations contained therein, are the property of swapnetwork.io or of third parties to whom the rights of use correspond.
Insofar as the use in accordance with the contract of the marketplaces presupposes the granting of rights of use to the customers relating to copyrights, brands and/or know-how belonging to swapnetwork.io, these these are granted by swapnetwork.io on a non-exclusive, non-transferable basis and to the extent necessary for the duration of the relevant agreement. The rights of use granted to the customer are personal and non-transferable. If the customer agrees with swapnetwork.io on the use of a partner's service (see point 14), this paragraph also applies, by analogy, to these services.
The contents, data, texts, videos, music tracks, graphics and other contents that the customer transmits to swapnetwork.io for publication on a market place (hereinafter collectively referred to as "advertising data") must not infringe any rights, in particular any rights of third parties such as personality protection rights and intellectual property rights. The client may only transmit to swapnetwork.io data relating to the ad that he himself has created or whose use has been authorized by the rights holder.
No address (postal or electronic), telephone number or car license plate should be visible in the photos used in the advertisements. The photos on which appear people whose face is easily recognizable can only be used with the agreement of the corresponding people.
All documents relating to the object, photos and templates produced by swapnetwork.io on the customer's orders are the property of the customer as soon as the latter has fully paid the corresponding invoice to swapnetwork.io.
7. Marketplace Operation and Development
Marketplaces are operated and managed by swapnetwork.io.
Swapnetwork.io has the right to call on third parties to perform the services it has agreed to provide. swapnetwork.io strives to run the marketplaces with as little disruption as possible. It also endeavors to limit the duration of interruptions intended for the repair of disturbances, maintenance work, the introduction of new technologies and other activities of the same kind, without however being able to completely exclude these. Technical development is at the sole discretion of swapnetwork.io.
Partner services (see figure 14) are operated and managed by the partners concerned. The technical development is at their discretion.
8. Publications of announcements
By transmitting to swapnetwork.io or to a partner of the latter (cf. figure 14) data relating to the advertisement, the customer authorizes swapnetwork.io to insert the corresponding advertisement on the marketplaces as well as on other online and offline swapnetwork.io channels (e.g. at trade fairs) and online and offline channels of swapnetwork.io partners. However, there is no right to the publication of advertisements within the framework of these services.
swapnetwork.io has, at any time, the right to interrupt, modify or entirely cease the publication of the advertisements, for any reason whatsoever and without compensation. Similarly, swapnetwork.io reserves the right to use the data relating to the advertisement for other purposes, whether for itself or for partners, for example in order to carry out statistics, or to publish in any other way, and for this purpose to store and process them.
The customer expressly declares to accept the direct or indirect transmission of the data relating to the advertisement necessary for the use of the services of partners (cf. figure 14) as well as the registration of this data in the database(s) of the partners and their use by them. swapnetwork.io cannot guarantee the confidentiality, tamper-proof nature and authenticity of the data of theclient relating to the announcement which are published by the partners.
9. Data Protection
The processing of data (in particular personal data) is carried out in accordance with the provisions relating to data protection.
10. Customer Rights and Obligations
The client undertakes to use the marketplaces and the partner services they include (see figure 14) in accordance with the law and the contract. The client ensures in particular:
that it will transmit all the data relating to the announcement communicated to swapnetwork.io or to partners in the form and quality required by swapnetwork.io, according to the rules of insertion of the corresponding marketplaces;
that he is authorized to transmit directly or indirectly through third parties all the data relating to the announcement made available to swapnetwork.io or partners and that he is authorized to use them within the framework of the contractual agreements with swapnetwork.io;
that the data relating to the announcement transmitted to swapnetwork.io or to partners is complete, in accordance with the truth, is not misleading or unfair, and that it continuously updates them;
that the products or services it offers are described correctly and faithfully to the truth, actually have the characteristics described and do not infringe any laws in force or the rights of third parties (in particular intellectual property rights and protection of personality);
that he accepts these general conditions and undertakes to respect them at all times.
Without being obliged to do so, swapnetwork.io is entitled, at any time, to modify or not to process, for legal or technical reasons, the data relating to the advertisement transmitted by the customer.
The customer grants swapnetwork.io the exclusive right to use the ad data provided. This data cannot be used, taken over or copied by third parties, unless they are partners of swapnetwork.io. The customer is not entitled to demand that third parties be able to acquire the data relating to the advertisement which he has made available for publication on their platforms. Even if the customer authorizes the third party, swapnetwork.io is not required to allow the acquisition of the data in question.
If swapnetwork.io is brought to justice by a partner or a third party due to the use of the marketplaces, an agreement with the customer, the data relating to the advertisement made available by the customer or the products or services offered by the client, the latter is obliged, from the first solicitation of swapnetwork.io, to fully compensate it and to exempt it from all liability, including to bear the legal and other costs of swapnetwork.io. At the request of swapnetwork.io, the client is also required to communicate any document that swapnetwork.io deems useful for his defense and to join the lawsuit.
The customer bears all the risks that may arise from manipulations on his computer system, malfunctions of his computer system and/or misuse of access rights.
12. Liability and Warranty
Marketplaces include information and content from swapnetwork.io as well as swapnetwork.io advertisers and partners. Swapnetwork.io strives to ensure the accuracy of this information and content, but expressly disclaims any liability in this regard, in particular with regard to the veracity, accuracy, completeness and timeliness of the information. and contents. Swapnetwork.io also declines all responsibility for damages that may result from the consultation, access, use of this information and content. Access to and use of such information and content is solely at the customer's own risk.
The customer is fully responsible for the products and services he offers on the marketplaces as well as the content he transmits to swapnetwork.io (in particular data relating to advertisements, advertisements themselves and printing orders) . swapnetwork.io declines all responsibility for the content provided by the client. Swapnetwork.io does not support any guarantee for the products and services offered by the customer on the marketplaces, nor for the conclusions of contracts which could result from it, such as sales contracts between customers or with users and third parties.
Swapnetwork.io does not check the content of linked websites with marketplaces and is not responsible for the content of such sites.
The liability of swapnetwork.io is only engaged in case of intent or gross negligence. Swapnetwork.io is in no way liable for consequential damages or loss of profit. If, despite all the care taken, swapnetwork.io is unable to fulfill its contractual obligations due to a case of force majeure such as natural disasters, armed conflicts, strikes, unforeseen restrictions on the part of authorities or technical faults attributable to third parties, the customer does not have the right to demand performance of the contract as long as the event in question lasts.
Concerning work which is assessed according to the rules applicable to the business contract, the customer only has the right to demand from swapnetwork.io the repair of defects. Termination of the contract and reduction of the price are excluded. To the extent permitted by law, swapnetwork.io excludes all liability for consequential damages from defects.
swapnetwork.io is not liable for abuses committed by third parties on the Internet, nor for any resulting damage to the customer. swapnetwork.io is also not liable for security defects and disturbances of the telecommunications network of third parties and the Internet, nor for interruptions of operation or disturbances of marketplaces, nor for third-party offers.
13. Legal status of swapnetwork.io
swapnetwork.io is not a party to the contracts concluded between customers, users or other third parties relating to the products and services that the customer offers on the marketplaces. swapnetwork.io is in no way responsible for the conclusion of these contracts or any risks arising therefrom.
The information and content reproduced on the marketplaces does not constitute an invitation on the part of swapnetwork.io to present an offer, nor an offer or a recommendation for rental and/or acquisition.
Without being obliged to do so, swapnetwork.io is authorized to monitor the behavior of users and customers as well as their content on the marketplaces and to verify their eligibility.
14. Use of swapnetwork.io partner services
15. Prohibition of offsetting
The customer is not allowed to offset his claims with claims of swapnetwork.io.
16. No Assignment
The customer is not authorized to transfer his contractual relations with swapnetwork.io to a beneficiary without the written authorization of swapnetwork.io. Similarly, receivables resulting from contractual relations with swapnetwork.io cannot be transferred to third parties without the written authorization of swapnetwork.io.
17. Confirmation and modification of these terms and conditions
The client agrees to these terms and conditions each time he pays for an advertisement and publishes it on one of swapnetwork.io's exchange platforms. He can thus always consult the updated version of the GC.
swapnetwork.io reserves the right to modify these terms and conditions at any time. The updated version is published on the marketplaces in an appropriate space.
18. General Provisions
If any provision of a contract is found to be invalid or unenforceable, it shall be waived only to the extent that it is invalid or unenforceable and shall be replaced, for the rest, by a provision which comes as close as possible from an economic point of view. Any gaps in the contract must be filled by rules which come as close as possible to what the parties to the contract would have agreed if they had thought of settling the point concerned when the contract was concluded, respecting the spirit and the purpose of the contract in question.