The Old Switcheroo Web Site (http://oldswitcheroo.com, the "Site") is an online service provided by Old Switcheroo ("Old Switcheroo"), subject to Your ("You", "Yourself", "Your") compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Old Switcheroo MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

   The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Old Switcheroo, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for Your own non-commercial use provided that You agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Old Switcheroo a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) You submit to any public areas of the Site or by e-mail to Old Switcheroo by all means and in any media now known or hereafter developed. You agree that You shall have no recourse against Old Switcheroo for any alleged or actual infringement or misappropriation of any proprietary right in Your communications to Old Switcheroo.

   TRADEMARKS.

   Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Old Switcheroo. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

   You understand that, except for information, products or services clearly identified as being supplied by Old Switcheroo, Old Switcheroo does not operate, control or endorse any information, products or services on the Internet in any way. Except for Old Switcheroo-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Old Switcheroo. You also understand that Old Switcheroo cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
   YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Old Switcheroo PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Old Switcheroo SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Old Switcheroo DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
   YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Old Switcheroo HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

   1. Membership

      1. The Site may only be used by persons over the age of 13. By using the Site, You agree that You are over the age of 13.
      2. There is a limit of one account per person at any one time.
      3. Accounts may only be used and set up for personal use (by human beings). Accounts may not be created and used for commercial or institutional use.
      4. Transfer of accounts or credits from one individual to another are not permitted.

   2. Exchanged Media

      1. By using the Site You are agreeing to be party to the exchange of personal property. Such property may include but is not limited to books, DVDs, music, video games and any other items that may be allowed in the future.
      2. All items (see above) posted to the Site will be considered available for exchange between You and other members of the Site.
      3. You agree that all items posted by You are owned by You in a legitimate, law-abiding manner. You also agree that You have not violated any copyrights, patents, trademarks or any other intellectual or physical property rights to obtain any or all of Your items.
      4. You agree not to list any items of a sexually explicit or pornographic nature.
      5. You agree that You will ship an item when requested to a requesting user. You have the right to deny the request, but understand that once the item is shipped You have transferred ownership of the item from Yourself to the requesting user.
      6. You agree that You will ship the exact item that was listed by You and requested by the requesting user. You may not substitute any other items, unless first agreed upon by You and the requesting user. This agreement will only be acknowledged if written records (comments on requests) attest to it's existence.
      7. You understand that Old Switcheroo cannot oversee, police, or otherwise monitor any or all activity on the Site. You assume full responsibility for all of Your items posted to the Site.

   3. Shipping Media

      1. When engaged in a request for media with a requesting user, You agree to ship the item in a timely fashion at Your expense. You agree that Old Switcheroo and the requesting user have no obligation whatsoever to compensate You for shipping charges associated with the request.
      2. Credits are only transferred from the requesting user to You upon successful receipt of the item. You alone are responsible for the condition of items shipped to the requesting user.
      3. Shipments of media to Canada from The United States of America and vice versa are permitted on the Site. You understand that these international shipments may (but not necessarily) cost more than intranational shipments. Currently, there is no extra compensation to You for these international shipments. You agree to take due diligence in studying the cost of postage to the requesting users location, and determine for Yourself whether or not You wish to approve or deny/cancel the request.

   4. Account Information

      1. By using the Site, You agree to keep Your account information up to date (including email address and mailing address).

   5. Cost of the Service

      1. You understand that the cost of the basic service of the Site is FREE! The basic service includes, but is not limited to, listing media, searching media, browsing media, categorizing media, and requesting media.
      2. You also understand that You are responsible for payment of postage on items requested from You by other users.
      3. You also understand that Old Switcheroo may build features of the Site that cost money in the future.

   LIMITATION OF LIABILITY

   IN NO EVENT WILL Old Switcheroo BE LIABLE FOR

   1. ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Old Switcheroo OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
   2. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Old Switcheroo LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
   Old Switcheroo makes no representations whatsoever about any other web site which You may access through this one or which may link to this Site. When You access a non-Old Switcheroo web site, please understand that it is independent from Old Switcheroo, and that Old Switcheroo has no control over the content on that web site. In addition, a link to a Old Switcheroo web site does not mean that Old Switcheroo endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

   You agree to indemnify, defend and hold harmless Old Switcheroo, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by You or any other person accessing the Service.

4. Third Party Rights.

   The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Old Switcheroo and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against You on its own behalf.

5. Termination.

   This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous.

   This Agreement shall all be governed and construed in accordance with the laws of The United States of America and the State of North Carolina applicable to agreements made and to be performed in The United States of America and the State of North Carolina. You agree that any legal action or proceeding between Old Switcheroo and You for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of North Carolina. Any cause of action or claim You may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Old Switcheroo's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Old Switcheroo may assign its rights and duties under this Agreement to any party at any time without notice to You.

Any rights not expressly granted herein are reserved.