Terms and Conditions

WELCOME TO Publicize Swap Shop. We (Publicize) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app (“App”), or any associated content/postings (together, “PSS”), you agree to these Terms of Use (“TOU”) (last updated April 14, 2019). You acknowledge and agree PSS is a private site owned and operated by Publicize. If you are accessing or using PSS on behalf of a business, you represent and warrant to PSS that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use PSS or download the App. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use PSS. Our privacy policy (https://publicize.co/privacy-policy), and all other policies, site rules, and agreements referenced below or on PSS, are fully incorporated into this TOU, and you agree to them as well.

Using the Services. You will post in the appropriate category or area and will not do any of the following bad things: violate any laws or our Prohibited Content Policy; be false or misleading; infringe any third-party right; distribute or contain spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm PSS or the interests or property of PSS users; impose an unreasonable load on our infrastructure or interfere with the proper working of the PSS; copy, modify, or distribute any other person’s content; use any robot, spider, scraper or other automated means to access PSS and collect content for any purpose without our express written permission; harvest or otherwise collect information about others, including email addresses, without their consent; bypass measures used to prevent or restrict access to PSS.

LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use PSS and be bound by the TOU, or (2) use PSS on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use PSS in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell content from PSS, excluding postings you create. 

USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with PSS, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect PSS content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of PSS’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse PSS’s flagging or reporting processes. You agree not to collect PSS user information or interfere with PSS. You agree we may moderate PSS access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available PSS or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide PSS, (iii) combine or integrate PSS or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects PSS or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use PSS or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

FEES & DELIVERY. No fees will be charged by PSS for use or service. Any postings should be an exchange of goods or services only. PSS is not liable for any false or fraudulent charges. Delivery of goods or services is the sole responsibility of the parties to the transaction and will not involve PSS. By accepting this TOU you indemnify PSS for any failure to deliver on goods or services agreed upon between any parties using PSS.

REFUNDS & RETURNS. PSS does not take part in or responsibility for returns or refunds of any goods or services exchanged for any reason whatsoever. By using this service you acknowledge that there is no claim against PSS for transactions taken by you or your associates with any other party encountered on the site.

PRICING: All pricing will be determined between the parties engaging in the exchange. The exchange will be negotiated off the PSS platform, and will be the sole responsibility of the participants. PSS does not guarantee any agreement reached via the platform.

DISCLAIMER & LIABILITY. To the full extent permitted by law, Publicize and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“PSS Entities”) (1) make no promises, warranties, or representations as to PSS, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide PSS on an “AS IS” and “AS AVAILABLE” basis and any risk of using PSS is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with PSS. PSS Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to PSS. 

CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to PSS (“Claims”) will be governed by the internal laws of the State of New York, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in the State of New York(except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in the State of New York; (2) indemnify and hold PSS Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of PSS; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

TRADEMARKS. Publicize and the “PSS” logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.

MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access PSS thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.

Prohibited

Non-Permitted Usage

  • Adult Services & Pornography – PSS does not allow any exchange of adult oriented or pornographic materials and services.
  • Inappropriate Behavior & Language – Communication on PSS should be friendly, constructive, and professional. PSS condemns bullying, harassment, and hate speech towards others. Although communication occurs off the PSS platform, any verified harassment or inappropriate behavior will result in a permanent ban.
  • Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.
  • Privacy & Identity – You may not publish or post other people’s private and confidential information. Users further confirm that whatever information they receive from other users, which is not public domain, shall not be used for any purpose whatsoever other than for the exchange of the work. Any users who engage and communicate off of PSS will not be protected by our Terms of Service.
  • Authentic PSS Profile – You may not create a false identity on PSS, misrepresent your identity, create a profile for anyone other than yourself or your business, or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. PSS reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
  • Intellectual Property Claims – PSS will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. 
  • Fraud / Unlawful Use – You may not use PSS for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

  • Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the PSS community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of PSS Terms of Use is a cause for permanent suspension of all accounts.
  • Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on PSS.

Cookie Policy

Our uses of such technologies fall into the following general categories:

1. Operationally Necessary. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our sites, services, applications, and tools. This includes technologies that allow you access to our sites, services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;

2. Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our websites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools;

3. Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites;

4. Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that have been delivered to you, such as whether you have clicked on an advertisement.

Use of these technologies by authorized third-party service providers:

We may work with third-party companies, commonly known as service providers, who are authorized to place third-party cookies, web beacons, or similar technologies for storing information on our sites or in our services, applications, and tools with our permission. These service providers help us to provide you with a better, faster, and safer experience.

These service providers may use these technologies to help us deliver our own content and advertising, and compile anonymous site metrics and analytics. We do not permit any of these service providers to collect any of your personal information on our sites or in our services, applications, or tools for their own purposes. These service providers are subject to confidentiality agreements with us and other legal restrictions on their use or collection of any personal information. Third party cookies are covered by the third-parties’ privacy policy.

With the exception of the use of such technologies by our service providers or other authorized third-parties, we do not permit any third-party content on sites (such as item listings, member-to-member communications, classified listings, comments, reviews, etc.) to include or utilize any cookies, web beacons, local storage, or similar technologies for tracking purposes or to collect your personal information. If you believe a listing or other third-party content might be collecting personal information or using tracking technologies on one of our sites, please report it here.

Ad networks and exchanges operated by authorized third parties:

We may use third parties, such as advertising networks and exchanges, to allow us to serve you advertisements. These third-party ad networks and exchange providers may use third-party cookies, web beacons, or similar technologies to collect information. They may also collect your device identifier, IP address, or identifier for advertising (IDFA). The information that these third parties collect may be used to assist us in providing you with more relevant advertising that we serve on our sites or elsewhere on the web. Third party cookies are covered by the third-parties’ privacy policy.

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