This is a legal agreement between you and Swap it! Encrypt it!™ Inc. ("swapitencryptit.com"); please read it carefully. By using or accessing this website or any website hosted at swapitencryptit.com (the "Sites"), or by accessing or using any part of the Swap it! Encrypt it! proprietary file transmission services (together with the Sites, the "Service"), you agree to be bound by these Terms of Service and by the Swap it! Encrypt it!™ Privacy Policy, which are collectively referred to as the "Agreement". If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by Swap it! Encrypt it! from time to time in accordance with the next paragraph, will govern all your future use of the Service.

Swap it! Encrypt it!™ may revise these Terms of Service and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Sites. Swap it! Encrypt it!™ recommends that you review this page from time to time to note any changes. By continuing to access or use the Service, you agree to be bound by any Terms of Service and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease using the Service.

Swap it! Encrypt it!™ may modify, suspend, or discontinue, temporarily or permanently, the Service and may remove or delete any User Files (defined below) at any time, in its sole discretion.

The Service enable users to store (for short periods of time) and send to others files that they provide ("User Files"). Swap it! Encrypt it!™ does not require a membership. A more detailed description of the Service, and it's features can be found on here: Learn how Swap it! Encrypt it! works.

You acknowledge and agree that Swap it! Encrypt it!™ may establish revised practices and policies concerning use of the Service, including without limitation, the maximum number of days (currently 5 days) that a file will be stored by the Service, the maximum number of times a user may access the Service in a given period of time.

The only software needed to access the Service is a standard Web browser. However, Swap it! Encrypt it!™ may make certain software applications available to users that offer additional ways to access the Service. Such software will be made available by Swap it! Encrypt it!™ under the terms of an end user license agreement, which you should read prior to installing that software.

Payments received are non-refundable. All file transfers purchased through the Swap it! Encrypt it! file sharing service remain good until the day they are used.

You have sole responsibility for all User Files that you store on Swap it! Encrypt it!™ servers through use of the Service. You acknowledge and agree that Swap it! Encrypt it!™ will not be responsible for any failure of the Service to store a User File, for the deletion of a User File stored on the Service, or for the corruption of or loss of any data, information or content contained in a User File.

You will not use the service to transmit, route, provide connections to or store any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. Swap it! Encrypt it!™ has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the Swap it! Encrypt it!™ Copyright Policy for further information. Swap it! Encrypt it!™ reserves the right, in its sole discretion, at any time, to remove User Files that it believes to be in violation of this Agreement.

All right, title, and interest in and to the Service is and will remain the exclusive property of Swap it! Encrypt it!™ and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States, Canada and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.

Swap it! Encryptit!™ does not claim any ownership rights in any User Files that you make available through the Service. However, by making User Files available through the Service, you grant Swap it! Encrypt it!™ the non exclusive, worldwide, transferable right, on a royalty-free basis, with a right to sublicense this right only to third parties assisting Swap it! Encrypt it!™ in providing the Service, to use, copy, distribute and process User Files on the Sites and through the Service on your behalf and on behalf of your customers solely for the purposes of ensuring secure transfer and delivery of such User Files.

Swap it! Encrypt it!™, the Swap it! Encrypt it!™ logo, and all other Swap it! Encrypt it!™ trademarks, service marks, product names, and trade names of Swap it! Encrypt it! appearing on the Service are owned by Swap it! Encrypt it! All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner’s prior written consent.

As a condition to your use of the Service, you agree not to: Upload or transmit any User File:

(i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files).

(ii) for which you do not have the consent or permission of each identifiable person in the User Files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Files);

(iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

(iv) that is false or misleading.

(v) that is defamatory.

(vi) that is obscene, pornographic, or offensive.

(vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or

(viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; Access, tamper with, or use any non-public areas of the Service or Swap It! Encrypt It!™'s computer systems or the technical delivery systems of Swap It! Encrypt It!™ providers; Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks; Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service; Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service; Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services; Impersonate or misrepresent your affiliation with any person or entity. Swap it! Encrypt it! will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Swap it! Encrypt it! may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Swap it! Encrypt it!™ has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Swap it! Encrypt it!™ reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Swap it! Encrypt it!™ considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.

The Service may contain links to third-party websites. You acknowledge and agree that Swap it! Encrypt it!™ is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Swap it! Encrypt it!™ of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Swap it! Encrypt it!™ performs system maintenance on a regular basis to ensure high quality of service. Swap it! Encrypt it!™ uses commercially reasonable efforts to ensure that the Service is available for use during this time. Swap it! Encrypt it!™ will use reasonable efforts to perform all maintenance during its pre-scheduled maintenance windows. Currently, the maintenance window is between 10 p.m. Friday and 2 a.m. Saturday, U.S. Pacific Standard Time (06:00-10:00 GMT).

The Service is provided "AS-IS," without warranty of any kind, either express or implied. Without limiting the foregoing, Swap it! Encrypt it!™ explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Swap it! Encrypt it!™ makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Swap it! Encrypt it!™ will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service. Indemnity You will defend, indemnify, and hold harmless Swap it! Encrypt it!™, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that User Files submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.

In no event will Swap it! Encrypt it!™ be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Files sent through, stored by or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Swap it! Encrypt it!™ has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose. In no event will Swap it! Encrypt it!™’s aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the Service exceed the lesser of (a) fifteen U.S. dollars ($15) The limitations of damages set forth above are fundamental elements of the basis of the bargain between Swap it! Encrypt it!™ and you.

This Agreement will be governed by the laws of the province of British Columbia without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the provincial and federal courts located in Vancouver, British Columbia , and you waive any objection to jurisdiction and venue in such courts.

This Agreement is the entire and exclusive agreement between Swap it! Encrypt it!™ and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Swap it! Encrypt it!™ and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Swap it! Encrypt it!™ services, affiliate services or third-party content software or services.

You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. Swap it! Encrypt it!™ may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and Swap it! Encrypt it!™ In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. The failure of Swap it! Encrypt it™! to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. If you have any questions about this Agreement, please contact Swap it! Encrypt it!™ at contactus@swapitencryptit.com.