Welcome to Fineswap!
We're very happy to provide services ("The Service", as described henceforth) to you on fineswap.com, Fineswap mobile apps and social media sites (collectively referred to as "Fineswap") subject to the terms and conditions set forth herein.
When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information pertaining to Fineswap and these terms and conditions at any time and without notice, but we may occasionally send an Email to our users with a description of any recent changes to our terms. By accessing or using The Service, you are indicating your agreement to the policies, terms and conditions contained herein. Please take a moment to familiarize yourself with them.
1. The Service
We provide our users an online marketplace for facilitating the trading (as described henceforth) of new and 2nd hand goods. Trading means publishing items in the online marketplace for swapping, selling or giving away. Users are advised to take pictures and enter descriptions of their goods, as well as set the price and terms of delivery of their goods.
2. Your use of Fineswap or The Service
By using Fineswap or The Service you acknowledge and warrant that you are more than 18 years of age or are using The Service with the permission and supervision of a parent or guardian.
Subject to these Terms of Service, we hereby grant you a limited, revocable, non-exclusive license to access and use The Service on your computer or mobile device. Except as permitted in this paragraph, you shall not reproduce, modify, display or otherwise make commercial use of any content from The Service unless expressly permitted, in writing, by us.
We reserve the right to refuse service to any business or individual at our sole discretion and without limitation or notice if we believe that the user's conduct violates these Terms of Service, applicable laws or is otherwise harmful to Fineswap or The Service.
3. User reviews and comments
Anything posted or submitted to Fineswap, either on websites we operate, through our mobile apps, 3rd party websites or via any form of social media, online or otherwise, will be treated as public and non-proprietary. By submitting these or other materials to us, you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall become our sole and exclusive property.
In addition, when you post reviews or comments to us or on any of our social media networks, including but not limited to app stores listings, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to such submitted content.
4. Intellectual property rights
All graphics, videos, content, and code, whether in source or compiled form, that appear on Fineswap either belong exclusively to us or are approved for use by us. The use of any of our trademarks or service marks without our express written authorization is strictly prohibited.
You shall not use our trademarks or service marks in connection with any product or service that is or might, in any way, likely to cause confusion or to disparage or discredit Fineswap or The Service. In addition, you shall not use any of our trademarks or service marks in meta tags without our explicit prior written consent.
5. Trading with other members
You understand and agree that you are solely responsible for your interactions with other members of The Service and/or any other third parties and for any disputes that might arise in connection with using of The Service.
You acknowledge that we have no responsibility for any communication, transaction, dispute or other interaction between you and any other member of The Service. You further agree that we shall not be responsible or liable for any loss or damage of any kind arising from the use of The Service or from any trading between you and other members of The Service.
6. Prohibited goods and services
We reserve the right to prohibit, at our sole discretion, certain items or categories of items from being traded through The Service. We may specify such items or categories of items in these Terms of Service or communicate them to you after you publish a particular item through The Service.
At a minimum, any item prohibited from being traded through a marketplace such as ours according to any law, rule or regulation that's operating in your country is prohibited from being traded in The Service. You understand and agree that it's your responsibility to comply with all laws, rules, and regulations applicable to your use of The Service.
8. International access
Users who access, download and use Fineswap or The Service from outside of Norway are responsible for complying with their country's laws and regulations.
9. Disclaimer; limitation of liability; risk of loss
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF FINESWAP OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL. FINESWAP MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED.
Sometimes, Fineswap or The Service may be interrupted as a result of equipment malfunction, updating, maintenance or repair of our hardware or software, or for other reasons within or outside our control.
Please remember: We are committed to providing you with as error-free, safe, fast, effective and fun environment as possible, and we will continue to try our best to do so.
11. Outside links
Fineswap may contain links to other sites on the Internet that are owned and operated by third parties. You hereby approve that we are not responsible for the operation of or content located on or through such sites.
12. Copyright complaints
We respect the intellectual property of others. Please contact us if you believe that content appearing on Fineswap or The Service constitutes an infringement of your copyrights.
13. Applicable law; disputes; remedies
The laws of Norway will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your use of Fineswap or The Service shall be submitted to an arbitration in Oslo, Norway, except in connection with issues regarding violations of our intellectual property rights, which we may seek relief from in any legal way we deem fit.
By using Fineswap or The Service, you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the city and courts of Oslo, Norway. Furthermore, you agree that our remedy at law for any actual or threatened breach of these Terms of Service would be inadequate.
As such, we shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys' fees and expenses.
If any of the provisions in these Terms of Service are deemed invalid or otherwise unenforceable, that condition shall be deemed void and shall not affect the enforceability of the remaining provisions.
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