User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE 'UJ NETWORK' OFFERS YOU ACCESS TO OUR SERVICES (including Swagster.com, UselessJunk.com & MediaFetcher.com)

You must be 18 years or older to register a username or access any content within the UJ Network. References to content as Safe For Work (SFW) does not imply that it is safe for minors.

Welcome to the user agreement (the "Agreement" or "User Agreement") for The UJ Network / Swell Deal Enterprises LLC. This Agreement describes the terms and conditions applicable to your use of our services available under the domain of the sites referenced in this document. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the UJ Network. By accepting this User Agreement, you also agree that your use of other UJ Network / Swell Deal Enterprises websites will be governed by the User Agreement and Privacy Policy posted on those websites.

The UJ Network may - from time to time modify these terms and will post a copy of the amended Agreement at http://www.swagster.com/terms.php. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Service or, if applicable, cancel your Premium Service subscription. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted.

Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party, including copyright infringements of artists or content owners.

No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

MEMBERSHIP ELIGIBILITY
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended UJ Network members. If you do not qualify, please do not use our Site. Further, your UJ Network account (including feedback) and User ID may not be transferred or sold to another party.

REGISTRATION
To use the Service, you must register and provide certain information, including a member (user) name, a password and a valid email address ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. The UJ Network will use your Registration Data in accordance with its privacy policy, which you can review at http://www.swagster.com/privacy.php. Failure to maintain accurate account information and 'shipping information' will result in immediate forefiture without warning of prizes reserved for your username in the event you are selected to win a gift.

You agree that you will not allow others to use your username, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify the UJ Network / Swagster.com immediately of any unauthorized use of your password and/or account. the UJ Network shall not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Swell Deal Enterprises LLC, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

IDENTITY VERIFICATION
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, the UJ Network cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the site when trading media on swagster.com or exchanging information with other usernames. .

Swagster is a Venue.
Swagster.com acts as a venue to allow anyone to offer/trade Music, DVD, or other various forms of media, at anytime, from anywhere. We are not involved in the actual transaction between traders. As a result, we have no control over the quality, safety or legality of the items traded, the truth or accuracy of the listings, the ability of traders to trade items. We cannot ensure trade initiator or trade recipient will actually complete a transaction. Consequently, we do not transfer legal ownership of items trade recipient to trade initiator

Release.
Because we are a venue, in the event that you have a dispute with one or more users, you release Swell Deal Enterprises LLC / UJ Network (Swagster.com) (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Breach.
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Disputes between you and the UJ Network regarding our services may be reported to Customer Support by going to http://swagster.com/contact_admin.php. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Copyrights
When trading CD's with other members of Swagster.com, all CD's must be original first generation CD's. Trading 'burned' Copies of CD's will be in violation of this end user agreement. Individuals who reproduce, distribute copies, receive copies, publicly perform or display works or inventions other than their own and without the consent of the owners or holders of rights, or their authorized agents, in original works of authorship or inventions, may be in violation of copyright, patent and other laws applicable to an individual's specific country. Swell Deal Enterprises does not condone copyright, patent or other intellectual property infringement. If you locate any material being shared by a user who you believe may be in violation of copyright or other intellectual property law, please report your concerns to that user directly and to Swagster.com. This is not intended to be legal advise or counsel. If you have any questions consult your attorney.

VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If Swagster.com receives a notice alleging that you have engaged in behavior that infringes UJ Network's or other's intellectual property rights or reasonably suspects the same, the UJ Network may suspend or terminate your account without notice to you. If the UJ Network suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.

Fees and Services.
Joining and trading items at Swagster is free. We do charge fees for premium memberships that provide additional site permissions and functionality. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site.. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

Premium Services
The UJ Network offers certain features that are available only to members of the Premium Service. If you choose to register for the Premium Service, in addition to the general Service features, you will also have access to additional functionality. The Premium Service is a subscription service that you must pay to join, and you will be charged on a recurring basis for your continued membership. If we make any changes to these terms and conditions that you do not wish to accept, your only remedy is to terminate your subscription membership.

PREMIUM SERVICE CONTINUED
Agreement to Pay.
By completing the Premium Service registration, you authorize Swell Deal Enterprises LLC (swagster.com) to charge the recurring subscription fee to your designated credit card. Monthly subscribers are billed on a 30-day cycle, which begins upon Premium Service registration. If you have signed up for an annual or other subscription plan, you are billed one time at the beginning of each applicable billing period.

Right to Change Subscription Fees. All subscription fees are subject to change on a prospective basis upon notice from Swagster.com. If you do not accept the new fees, you should terminate your subscription immediately.

Cancellation.
You can cancel your subscription by delivering notice to the UJ Network at http://www.swagster.com/contact_admin.php. the UJ Network will reasonably attempt to return a cancellation confirmation to your email address. You should retain this confirmation as a record of your cancellation. If you cancel your subscription, Swell Deal Enterprises LLC will not refund any remaining portion of your subscription fees. Cancellation will take effect at the end of the billing period during which you deliver notice to Swagster.com / UJ Network.