Terms of Service

PADDLESWAP TERMS OF USE


1. ACCEPTANCE OF TERMS

PaddleSwap provides a collection of online resources,
including classified ads/listings, comments, and various
email services, (referred to hereafter as "the Service")
subject to the following Terms of Service ("TOS"). By using
the Service in any way, you are agreeing to comply with the
TOS. In addition, when using particular PaddleSwap services,
you agree to abide by any applicable posted guidelines for
all PaddleSwap services, which may change from time to time.
Should you object to any term or condition of the TOS, any
guidelines, or any subsequent modifications thereto or
become dissatisfied with PaddleSwap in any way, your only
recourse is to immediately discontinue use of PaddleSwap.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change,
modify or otherwise alter these terms and conditions at any
time.  Such modifications shall become effective immediately
upon the posting thereof. You must review this agreement on
a regular basis to keep yourself apprised of any changes.
You can find the most recent version of the TOS at:

http://www.paddleswap.com/tos.html


3. CONTENT

You understand that all postings, messages, text, files,
images, photos, video, sounds, or other materials
("Content") posted on, transmitted through, or linked from
the Service, are the sole responsibility of the person from
whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of
Content that you post, email or otherwise make available via
the Service. You understand that PaddleSwap does not
control, and is not responsible for Content made available
through the Service, and that by using the Service, you may
be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable.
Furthermore, the PaddleSwap site and Content available
through the Service may contain links to other websites,
which are completely independent of PaddleSwap. PaddleSwap
makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in
any such site. Your linking to any other webites is at your
own risk.  You agree that you must evaluate, and bear all
risks associated with, the use of any Content, that you may
not rely on said Content, and that under no circumstances
will PaddleSwap be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise made
available via the Service. You acknowledge that PaddleSwap
does not pre-screen or approve Content, but that PaddleSwap
shall have the right (but not the obligation) in its sole
discretion to refuse, delete or move any Content that is
available via the Service, for violating the letter or
spirit of the TOS or for any other reason.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

The PaddleSwap site and Content available through the
Service may contain features and functionalities that may
link you or provide you with access to third party content
which is completely independent of PaddleSwap, including web
sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or
services, and the Internet as a whole.  

Your interactions with organizations and/or individuals
found on or through the Service, including payment and
delivery of goods or services, and any other terms,
conditions, warranties or representations associated with
such dealings, are solely between you and such organizations
and/or individuals.  You should make whatever investigation
you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third
parties.  

You agree that PaddleSwap shall not be responsible or liable
for any loss or damage of any sort incurred as the result of
any such dealings. If there is a dispute between
participants on this site, or between users and any third
party, you understand and agree that PaddleSwap is under no
obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release
PaddleSwap, its owner, officers, employees, agents and
successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such
disputes and / or our service. If you are a California
resident, you waive 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."  


5.  NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please notify
PaddleSwap's agent for notice of claims of copyright or
other intellectual property infringement ("Agent"), at

abuse@paddleswap.com

or:

Copyright Agent
PaddleSwap
2323 Kendal Green Circle
College Station, TX
77845

Please provide our Agent with the following Notice:

a) Identify the material on the PaddleSwap site that you
claim is infringing, with enough detail so that we may
locate it on the website;

b) 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;

c) A statement by you declaring under penalty of perjury
that (1) the above information in your Notice is accurate,
and (2) that you are the owner of the copyright interest
involved or that you are authorized to act on behalf of that
owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

PaddleSwap will remove the infringing posting(s), subject to
the the procedures outlined in the Digital Millenium
Copyright Act (DMCA).


6. PRIVACY AND INFORMATION DISCLOSURE

PaddleSwap has established a Privacy Policy to explain to
users how their information is collected and used, which is
located at the following web address:
http://www.paddleswap.com/pp.html

Your use of the PaddleSwap website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You
further acknowledge and agree that PaddleSwap may, in its
sole discretion, preserve or disclose your Content, as well
as your information, such as email addresses, IP addresses,
timestamps, and other user information, if required to do so
by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: comply with legal
process; enforce the TOS; respond to claims that any Content
violates the rights of third-parties; respond to claims that
contact information (e.g. phone number, street address) of a
third-party has been posted or transmitted without their
consent or as a form of harassment; protect the rights,
property, or personal safety of PaddleSwap, its users or the
general public. 


7. CONDUCT

You agree not to post, email, or otherwise make available
Content:

a) that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, invasive of another's
privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in
actual sexual conduct including but not limited to (i)
sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the
same or opposite sex, or (ii) bestiality, or (iii)
masturbation, or (iv) sadistic or masochistic abuse, or (v)
lascivious exhibition of the genitals or pubic area of any
person;

c) that harasses, degrades, intimidates or is hateful toward
an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age,
or disability;

d) that violates federal, state, or local equal employment
opportunity laws, including but not limited to, stating in
any advertisement for employment a preference or requirement
based on race, color, religion, sex, national origin, age,
or disability.

e) that impersonates any person or entity, including, but
not limited to, a PaddleSwap employee, or falsely states or
otherwise misrepresents your affiliation with a person or
entity (this provision does not apply to Content that
constitutes lawful non-deceptive parody of public figures.);

f) that includes personal or identifying information about
another person without that person's explicit consent;

g) that is false, deceptive, misleading, deceitful,
misinformative, or constitutes "bait and switch";

h) that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party, or
Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships;

i) that constitutes or contains  "affiliate marketing,"
"link referral code," "junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial advertisement;

j) that constitutes or contains any form of advertising or
solicitation if: posted in areas of the PaddleSwap sites
which are not designated for such purposes; or emailed to
PaddleSwap users who have not indicated in writing that it
is ok to contact them about other services, products or
commercial interests.

k) that includes links to commercial services or web sites,
except as allowed in "services";

l) that advertises any illegal service or the sale of any
items the sale of which is prohibited or restricted by any
applicable law, including without limitation items the sale
of which is prohibited or regulated by Texas law. 

m) that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment;

n) that disrupts the normal flow of dialogue with an
excessive amount of Content (flooding attack) to the
Service, or that otherwise negatively affects other users'
ability to use the Service; or

o) that employs misleading email addresses, or forged
headers or otherwise manipulated identifiers in order to
disguise the origin of Content transmitted through the
Service.

Additionally, you agree not to:

p) contact anyone who has asked not to be contacted;

q) "stalk" or otherwise harass anyone;

r) collect personal data about other users for commercial or
unlawful purposes;

s) use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from the
Service - unless expressly permitted by PaddleSwap;

t) post non-local or otherwise irrelevant Content,
repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load on
our infrastructure;

u) post the same item in more than one classified listing,
or in more than one geographic area;

v) attempt to gain unauthorized access to PaddleSwap's
computer systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the performance
of, or impairs the functionality of, the Service or the
PaddleSwap website; or

w) use any form of automated device or computer program that
enables the submission of postings on PaddleSwap without
each posting being manually entered by the author thereof
(an "automated posting device"), including without
limitation, the use of any such automated posting device to
submit postings in bulk, or for automatic submission of
postings at regular intervals.

8. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or
intermediary that offers to post Content to the Service on
behalf of others. To moderate demands on PaddleSwap's
resources, you may not use a Posting Agent to post Content
to the Service without express permission or license from
PaddleSwap.  Correspondingly, Posting Agents are not
permitted to post Content on behalf of others, to cause
Content to be so posted, or otherwise access the Service to
facilitate posting Content on behalf of others, except with
express permission or license from PaddleSwap.


9. NO SPAM POLICY

You understand and agree that sending unsolicited email
advertisements to PaddleSwap email addresses or through
PaddleSwap computer systems is expressly prohibited by these
TOS.  Any unauthorized use of PaddleSwap computer systems is
a violation of the TOS and certain federal and state laws.
Such violations may subject the sender and his or her agents
to civil and criminal penalties.


10. PAID POSTINGS

We may charge a fee to post Content in some areas of the
Service. The fee is an access fee permitting Content to be
posted in a designated area or in a designated manner. Each
party posting Content to the Service is responsible for said
Content and compliance with the TOS. All fees paid will be
non-refundable in the event that Content is removed from the
Service for violating the TOS.


11. LIMITATIONS ON SERVICE

You acknowledge that PaddleSwap may establish limits
concerning use of the Service, including the maximum number
of days that Content will be retained by the Service, the
maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the
Service, and the frequency with which you may access the
Service. You agree that PaddleSwap has no responsibility or
liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge
that PaddleSwap reserves the right at any time to modify or
discontinue the Service (or any part thereof) with or
without notice, and that PaddleSwap shall not be liable to
you or to any third party for any modification, suspension
or discontinuance of the Service.


12. ACCESS TO THE SERVICE

PaddleSwap grants you a limited, revocable, nonexclusive
license to access the Service for your own personal use.
This license does not include: (a) access to the Service by
Posting Agents; or (b) any collection, aggregation, copying,
duplication, display or derivative use of the Service nor
any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless
expressly permitted by PaddleSwap.  A limited exception to
(b) is provided to general purpose internet search engines
and non-commercial public archives that use such tools to
gather information for the sole purpose of displaying
hyperlinks to the Service, provided they each do so from a
stable IP address or range of IP addresses using an easily
identifiable agent. "General purpose internet search engine"
does not include a website or search engine or other service
that specializes in classified paddling listings or in any
subset of classifieds paddling listings such as boats, or
paddling equipment, or which is in the business of providing
classified ad listing services.

PaddleSwap permits you to display on your website, or create
a hyperlink on your website to, individual postings on the
Service so long as such use is for noncommercial and/or news
reporting purposes only (e.g., for use in personal web blogs
or personal online media).  If the total number of such
postings displayed or linked to on your website exceeds one
hundred (100) postings, your use will be presumed to be in
violation of the TOS, absent express permission granted by
PaddleSwap to do so.  You may also create a hyperlink to the
home page of PaddleSwap sites so long as the link does not
portray PaddleSwap, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive
manner.

PaddleSwap may offer various parts of the Service in RSS
format so that users can embed individual feeds into a
personal website or blog, or view postings through third
party software news aggregators.  PaddleSwap permits you to
display, excerpt from, and link to the RSS feeds on your
personal website or personal web blog, provided that (a)
your use of the RSS feed is for personal, non-commercial
purposes only, (b) each title is correctly linked back to
the original post on the Service and redirects the user to
the post when the user clicks on it, (c) you provide,
adjacent to the RSS feed, proper attribution to 'PaddleSwap'
as the source, (d) your use or display does not suggest that
PaddleSwap promotes or endorses any third party causes,
ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not
overburden PaddleSwap's systems.  PaddleSwap reserves all
rights in the content of the RSS feeds and may terminate any
RSS feed at any time.

Use of the Service beyond the scope of authorized access
granted to you by PaddleSwap immediately terminates said
permission or license.  In order to collect, aggregate,
copy, duplicate, display or make derivative use of the the
Service or any Content made available via the Service for
other purposes (including commercial purposes) not stated
herein, you must first obtain a license from PaddleSwap.


13. TERMINATION OF SERVICE

You agree that PaddleSwap, in its sole discretion, has the
right (but not the obligation) to delete or deactivate your
account, block your email or IP address, or otherwise
terminate your access to or use of the Service (or any part
thereof), immediately and without notice, and remove and
discard any Content within the Service, for any reason,
including, without limitation, if PaddleSwap believes that
you have acted inconsistently with the letter or spirit of
the TOS. Further, you agree that PaddleSwap shall not be
liable to you or any third-party for any termination of your
access to the Service.  Further, you agree not to attempt to
use the Service after said termination.  Sections 2, 4, 6
and 12-18 shall survive termination of the TOS.


14. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by
copyright laws and international treaties. Content displayed
on or through the Service is protected by copyright as a
collective work and/or compilation, pursuant to copyrights
laws, and international conventions. Any reproduction,
modification, creation of derivative works from or
redistribution of the site or the collective work, and/or
copying or reproducing the sites or any portion thereof to
any other server or location for further reproduction or
redistribution is prohibited without the express written
consent of PaddleSwap. You further agree not to reproduce,
duplicate or copy Content from the Service without the
express written consent of PaddleSwap, and agree to abide by
any and all copyright notices displayed on the Service. You
may not decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code contained in
the Service. Without limiting the foregoing, you agree not
to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any aspect of the Service. 

Although PaddleSwap does not claim ownership of content that
its users post, by posting Content to any public area of the
Service, you automatically grant, and you represent and
warrant that you have the right to grant, to PaddleSwap an
irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or incorporate
into other works, said Content, and to grant and authorize
sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the
Service, you automatically grant PaddleSwap all rights
necessary to prohibit any subsequent aggregation, display,
copying, duplication, reproduction, or exploitation of the
Content on the Service by any party for any purpose.


15. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE PADDLESWAP SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE PADDLESWAP SITE AND THE
SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE
FULLEST EXTENT PERMITTED BY LAW, PADDLESWAP DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE PADDLESWAP SITE AND THE
SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, PADDLESWAP
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE PADDLESWAP SITE OR THE
SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE
PADDLESWAP SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW,
PADDLESWAP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE PADDLESWAP SITE OR
THE SERVICE.  Some jurisdictions do not allow the disclaimer
of implied warranties.  In such jurisdictions, some of the
foregoing disclaimers may not apply to you insofar as they
relate to implied warranties.


16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PADDLESWAP BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (EVEN IF PADDLESWAP HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT
OF YOUR USE OF THE PADDLESWAP SITE OR THE SERVICE, WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF THE PADDLESWAP SITE
OR THE SERVICE, FROM INABILITY TO USE THE PADDLESWAP SITE OR
THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE PADDLESWAP SITE OR THE
SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
PADDLESWAP SITE OR THE SERVICE OR ANY LINKS ON THE
PADDLESWAP SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
PADDLESWAP SITE OR THE SERVICE OR ANY LINKS ON THE
PADDLESWAP SITE.  THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted.  In such
jurisdictions, some of the foregoing limitation may not
apply to you.


17. INDEMNITY

You agree to indemnify and hold PaddleSwap, its officers,
subsidiaries, affiliates, successors, assigns, directors,
officers, agents, service providers, suppliers and
employees, harmless from any claim or demand, including
reasonable attorney fees and court costs, made by any third
party due to or arising out of Content you submit, post or
make available through the Service, your use of the Service,
your violation of the TOS, your breach of any of the
representations and warranties herein, or your violation of
any rights of another.


18. GENERAL INFORMATION

The TOS constitute the entire agreement between you and
PaddleSwap and govern your use of the Service, superseding
any prior agreements between you and PaddleSwap. The TOS and
the relationship between you and PaddleSwap shall be
governed by the laws of the State of Texas without regard to
its conflict of law provisions. You and PaddleSwap agree to
submit to the personal and exclusive jurisdiction of the
courts located within the county of College Station, Texas.
The failure of PaddleSwap to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the
TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.


19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOS, by flagging the
posting(s) for review, or by emailing to:

abuse@paddleswap.com

Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent
or similar breaches.

You understand and agree that, because damages are often
difficult to quantify, if it becomes necessary for
PaddleSwap to pursue legal action to enforce the TOS, you
will be liable to pay PaddleSwap the following amounts as
liquidated damages, which you accept as reasonable estimates
of PaddleSwaps' damages for the specified breaches of the
TOS:

a. If you post a message that (1) impersonates any person or
entity; (2) falsely states or otherwise misrepresents your
affiliation with a person or entity; or (3) that includes
personal or identifying information about another person
without that person's explicit consent, you agree to pay
PaddleSwap one thousand dollars ($1,000) for each such
message.  This provision does not apply to messages that are
lawful non-deceptive parodies of public figures.

b. If PaddleSwap establishes limits on the frequency with
which you may access the Service, or terminates your access
to or use of the Service, you agree to pay PaddleSwap one
hundred dollars ($100) for each message posted in excess of
such limits or for each day on which you access PaddleSwap
in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to
PaddleSwap email addresses or through PaddleSwap computer
systems, you agree to pay PaddleSwap twenty five dollars
($25) for each such email.

d. If you post Content in violation of the TOS, other than
as described above, you agree to pay PaddleSwap one hundred
dollars ($100) for each Item of Content posted.  In its sole
discretion, PaddleSwap may elect to issue a warning before
assessing damages.

e. If you are a Posting Agent that uses the Service in
violation of the TOS, in addition to any liquidated damages
under clause (d), you agree to pay PaddleSwap one hundred
dollars ($100) for each and every Item of Content posted in
violation of the TOS.  A Posting Agent will also be deemed
an agent of the party engaging the Posting Agent to access
the Service (the "Principal"), and the Principal (by
engaging the Posting Agent in violation of the TOS) agrees
to pay PaddleSwap an additional one hundred dollars ($100)
for each Item of Content posted by the Posting Agent on
behalf of the principal in violation of the TOS.

f. If you aggregate, display, copy, duplicate, reproduce, or
otherwise exploit for any purpose any Content (except for
your own Content) in violation of the TOS without
PaddleSwap's express written permission, you agree to pay
PaddleSwap one thousand dollars ($1,000) for each day on
which you engage in such conduct.

Otherwise, you agree to pay PaddleSwap's actual damages, to
the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of the TOS, PaddleSwap
retains the right to seek the remedy of specific performance
of any term contained in the TOS, or a preliminary or
permanent injunction against the breach of any such term or
in aid of the exercise of any power granted in the TOS, or
any combination thereof.


20. FEEDBACK

We welcome your questions and comments on this document via
the PaddleSwap email address: feedback@paddleswap.com