Join the Bêta version
We reached our number of Bêta users. But keep posted because we are gonna release our final version soon!
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You must not create accounts with the System through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
We reserve the right to modify or terminate the System or your access to the System for any reason, without notice, at any time, and without liability to you. You can deactivate your HeySwap account by logging into the System and completing the removal request. If we terminate your access to the System or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the System (e.g., if your Content has been reshared by others). Your budget balance will be kept and will be equally distributed to projects.
We reserve the right to modify or remove projects that are violating the guidelines below:
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We reserve the right to force forfeiture of any username for any reason.
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There may be links from the System, or from communications you receive from the System, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the System. The System also includes third-party content that we do not control, maintain or endorse. Functionality on the System may also permit interactions between the System and a third-party web site or feature, including applications that connect the System or your profile on the System with a third-party web site or feature. For example, the System may include a feature that enables you to share Content from the System or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. HeySwap does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that HeySwap is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE System ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the System or your profile on the System with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your System profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the System being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if HeySwap has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the HeySwap Parties (defined below) harmless for activity related to the Application.
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We prohibit crawling, scraping, caching or otherwise accessing any content on the System via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with HeySwap's express consent).
All payments / transactions made on HeySwap by advertisers or by the System are made using Stripe. HeySwap charges a flat fee of 25% on all payments collected, 75% being redirected to seven global funds controlled by the users ('customers') of HeySwap. Credit card payment processing services for Advertisers on HeySwap are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By continuing to operate as a Advertiser on HeySwap, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to HeySwap enabling credit card payment processing services through Stripe, you agree to provide HeySwap accurate and complete information about you and your business, and you authorize HeySwap to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services. Stripe charges 2.9% + 30¢ per successful charge, or less based on volume.
At the end of the voting process, HeySwap will redirect the amount of money collected by its customers according to their choices. We reserve the right to refuse a payment if the selected project doesn't meet the guidelines. In this case, the amount will go to the following project in the rankings.
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Although it is HeySwap's intention for the System to be available as much as possible, there will be occasions when the System may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, HeySwap reserves the right to remove any Content from the System for any reason, without prior notice. Content removed from the System may continue to be stored by HeySwap, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, HeySwap encourages you to maintain your own backup of your Content. In other words, HeySwap is not a backup service and you agree that you will not rely on the System for the purposes of Content backup or storage. HeySwap will not be liable to you for any modification, suspension, or discontinuation of the Systems, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
It is HeySwap's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, HeySwap does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that HeySwap is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
We respect other people's rights, and expect you to do the same.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
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Limitation of Liability; Waiver
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BY ACCESSING THE System, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
HeySwap IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor HeySwap can require the other to participate in an arbitration proceeding. To opt out, you must notify HeySwap in writing within 30 days of the date that you first became subject to this arbitration provision.
You must include your name and residence address, the email address you use for your HeySwap account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with HeySwap.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with HeySwap must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the System is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject HeySwap to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the System or any portion of the System, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that HeySwap provides.
Software related to or made available by the System may be subject to United States export controls. Thus, no software from the System may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the System, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.