1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the Agreement) refers to the website “Swap-House”, located at https://swap-house.com.
1.2. The site of the hospitality service Swap-House.com (hereinafter referred to as the Site) is the property of Swap House International LLC
1.3. This Agreement governs relations between the Administration of the hospitality service website “Swap House” (hereinafter referred to as the Site Administration) and the User of this Site.
1.4. The site administration reserves the right to modify, add or delete the clauses of this Agreement at any time without notice to the User.
1.5. Continued use of the Site by the User means acceptance of the Agreement and changes made to this Agreement.
1.6. The user is personally responsible for verifying this Agreement for changes in it.
2. DEFINITIONS OF TERMS
2.1. The terms listed below have the following meaning for the purposes of this Agreement:
2.1.1 “Swap-House” is a hospitality service located on the domain name swap-house.com, which operates through an Internet resource and related services.
2.1.2. Hospitality service is a site providing information about registered users who are ready to exchange their lodging or providing lodging to other registered users.
2.1.3. The Site Administration of the Hospitality Service is presented by the authorized staff of the Site, acting on behalf of Swap House International LLC.
2.1.4. The User of the Hospitality Site (hereinafter referred to as the User) is a person who has access to the Site through the Internet and is using the Site.
2.1.5. The content of the Site (hereinafter – the Content) means protected results of intellectual activity, including literary texts, their titles, prefaces, annotations, articles, illustrations, cover art, musical works with or without text, graphics, text, photographic, derivative, compound and other works, user interfaces, visual interfaces, the names of trademarks, logos, computer programs, databases, as well as the design, structure, selection, coordination, appearance, overall style and positioning of the Contents, that are the part of the Site, and other intellectual property collectively and/or individually contained on the Site.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is the provision to the User of the Site the access to the information and services provided on the Site.
3.1.1. The site provides the following services to the User:
- Access to electronic content on a fee basis, with the right to view content;
- Access to the means of search and navigation of the Site;
- Providing the User with the opportunity to post information about themselves, their housing, as well as messages, comments, user’s reviews, rating of the content of the Site;
- Access to information on services provided and information on the acquisition of such services on a fee basis;
- Other types of services implemented on the pages of the Site.
3.1.2. This Agreement covers all existing (currently functioning) services of the Site, as well as any subsequent modifications and additional services of the Site that appear in the future.
3.2. Access to some of the services and functionality of the Site is provided on a fee basis.
3.3. This Agreement is a public offer. By accessing the Site, the User is deemed to have acceded to this Agreement.
3.4. Use of materials and services of the Site is governed by the laws of the current legislation of the Russian Federation.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Site Administration has the right to:
4.1.1. Change the rules for using the Site, and modify the content of this Site. Changes come into force from the moment of publication of the new edition of the Agreement on the Site.
4.1.2. Restrict access to the Site in case of violation by the User of the terms of this Agreement.
4.1.3. Change the amount of payment charged for providing access to the use of the Site. The change in value will not apply to Users who have a registration by the time the payment is changed, except for cases specifically agreed by the Site Administration.
4.2. The user has the right to:
4.2.1. Get access to the use of the Site after compliance with registration and payment requirements.
4.2.2. Use all services available on the Site, as well as purchase any paid services offered on the Site.
4.2.3. Ask any questions related to the services of the Site through the feedback form located at https://swap-house.com/contact-us/
4.2.4. Use the Site solely for the purposes and in the procedure provided for by the Agreement and not prohibited by the legislation of the Russian Federation and other countries whose citizens are registered Users.
4.3. The User of the Site undertakes:
4.3.1. To provide additional information at the request of the Site Administration, which is directly related to the services provided by this Site.
4.3.2. Observe the property and non-property rights of authors and other rightsholders when using the Site.
4.3.3. Not to take actions that can be considered as violating the normal operation of the Site.
4.3.4. Not to distribute with the use of the Site any information that is confidential or protected by the legislation of the Russian Federation (as well as other countries whose citizens are registered Users) about individuals or legal entities.
4.3.5. Avoid any actions, as a result of which the confidentiality of information protected by the legislation of the Russian Federation may be violated.
4.3.6. Not to use the Site to disseminate information of an advertising nature, except as agreed with the Site Administration.
4.3.7. Not to use the Site’s services to:
4.3.7. 1. download content that is illegal, violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on the basis of race, nationality, gender, religion, or social background; Contains inaccurate information and (or) insults specific individuals, organizations, authorities.
4.3.7. 2. make incentives to commit unlawful acts, as well as assistance to persons, whose actions are aimed at violating the restrictions and prohibitions within the Russian Federation (as well as other countries whose citizens are registered Users).
4.3.7. 3. violate the rights of minors and (or) causing them harm in any form.
4.3.7. 4. infringe the minority rights.
4.3.7. 5. represent oneself for another person or representative of the organization and (or) the community without sufficient rights, including representation for the employees of this Site.
4.3.7. 6. make misleading statements about the properties and characteristics of any service on the Site posted on the Site.
4.3.7. 7. make incorrect comparisons of services, as well as to form negative attitudes towards persons, who do not use certain services, or condemn such persons.
4.4. The user is prohibited from:
4.4.1. Using any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes for accessing, purchasing, copying or tracking the content of this Site;
4.4.2. Violating the proper functioning of the Site;
4.4.3. Any way bypassing the navigation structure of the Site to receive or attempt to obtain any information, documents or materials by any means that are not specifically represented by the services of this Site;
4.4.4. Unauthorized accessing to the functions of the Site, any other systems or networks related to this Site, as well as to any services offered on the Site;
4.4.4. Violating the security or authentication system on the Site or in any network related to the Site.
4.4.5. Performing reverse search, track or attempt to track any information about any other Site User, except when the User themselves provided such information in general access and agrees with its publicity.
4.4.6. Using the Site and its Content for any purposes prohibited by the legislation of the Russian Federation (and other countries whose citizens are registered Users) and inciting to any illegal activities or other activities that violate the rights of the Site or other persons.
5. USE OF THE SITE
5.1. The Site and the Content included in the Site are owned and managed by the Site Administration.
5.2. The content of the Site cannot be copied, published, reproduced, transmitted or distributed by any means, or placed on the global Internet without the prior written consent of the Site Administration.
5.3. The content of the Site is protected by copyright, trademark law, and other intellectual property rights and unfair competition laws.
5.4. The purchase of services offered on the Site may require the creation of an account of the User.
5.5. The user is personally responsible for maintaining the confidentiality of the account information, including the password, as well as for all activity, which is conducted on behalf of the User of the account, without exception.
5.6. The user must promptly notify the Site Administration about unauthorized use of their account or password or any other security breach.
5.7. The Site Administration has the right to unilaterally cancel the account of the User if it was used in violation of the current User Agreement.
5.8. This Agreement extends its validity to all additional terms and conditions for the provision of services provided on the Site.
5.9. The information placed on the Site should not be construed as a modification of this Agreement.
5.10. The Site Administration has the right to change the list of services offered on the Site and (or) the prices applicable to the services provided by the Site at any time without notification to the User.
5.11. The documents specified in clause 5.10.1 of this Agreement shall be regulated in the relevant part and shall apply to the use of the Site by the User. The following documents are included in this Agreement:
5.12. Any of the documents listed in paragraph 5.10. of this Agreement may be subject to renewal. Changes come into force from the moment of their publication on the Site.
6.1. Any losses that the User may incur in case of willful or reckless violation of any provision of this Agreement, as well as unauthorized access to communications of another User, are not reimbursed by the Site Administration.
6.2. The Site Administration is not responsible for:
6.2.1. Delays or failures in the course of an operation due to force majeure, as well as any malfunction in telecommunications, computer, electrical and other related systems.
6.2.2. The actions of translation systems, banks, payment systems and for delays related to their work.
6.2.3. The proper functioning of the Site, in the event that the User does not have the necessary technical means to use it, and also has no obligation to provide users with such means.
7. VIOLATION OF THE CONDITIONS OF THE USER AGREEMENT
7.1. The Site Administration has the right to disclose any information collected about the User of this Site if disclosure is necessary in connection with an investigation or a complaint regarding the misuse of the Site or for establishing (identifying) a User who may violate or interfere with the rights of the Site Administration or the rights of other Site Users.
7.2. The Site Administration has the right to disclose any information about the User that it deems necessary for the implementation of provisions of the current legislation or court decisions, ensuring the fulfillment of the terms of this Agreement, protection of rights, security of the name of the organization, or Users.
7.3. The Site Administration has the right to disclose information about the User, if the current legislation of the Russian Federation (and also other countries whose citizens are registered Users) requires or permits such disclosure.
7.4. The Site’s systems automatically publish information voluntarily provided by the User about themselves and their accommodation in the relevant sections and pages of the Site. Such information includes first name, last name, photos, country, city and address of lodging, link to the profile on the Facebook social network and other information filled in the registration fields.
7.5. The Site Administration has the right to terminate and (or) block access to the Site without the prior notification of the User if the User has violated this Agreement or the terms of using the Site contained in other documents, as well as in case of termination of the Site or due to a technical problem.
7.6. The Site Administration is not liable to the User or third parties for stopping access to the Site in the event of violation by the User of any provision of this Agreement or other document containing conditions for using the Site.
8. SETTLEMENT OF DISPUTES
8.1. In the event of any differences or disputes between the Parties to this Agreement, a claim (a written proposal for the voluntary settlement of the dispute) is a prerequisite before applying to the court.
8.2. The receiver of the claim within 30 calendar days from the date of its receipt shall notify the applicant in writing of the claim about the results of the examination of the claim.
8.3. If it is not possible to resolve the dispute voluntarily, either Party shall have the right to apply to the court for the protection of its rights, which are provided by the current legislation of the Russian Federation.
8.4. Any claim regarding the conditions of use of the Site must be made within the period of 30 days after the grounds for the claim arise, with the exception of copyright protection for the materials of the Site protected in accordance with the law. If the conditions of this paragraph are violated, any claim or cause for action shall be extinguished by limitation of actions.
9. ADDITIONAL CONDITIONS
9.1. The Site Administration does not accept counter offers from the User regarding changes to this User Agreement.
9.2. User Reviews posted on the Site are not confidential information and can be used by the Site Administration without restrictions.
Updated on September 01, 2016