Swapping Parents Services

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY
These Terms of Service apply to all users of the swappingparents web-site. By using this Site (including any content posted on the Site), you signify your acceptance of these TERMS, as well as the Community Guidelines and the swappingparents Privacy Policy, which are incorporated by reference into these TERMS and made a part hereof. Swappingparents reserves the right to update or change these TERMS at any time by posting the most current version of the TERMS on the Site. Your continued use of the Site after we post any changes to the terms signifies your agreement to any such changes. If you do not agree to these TERMS, you must discontinue using the Site and terminate your membership in swappingparents .

This Site is owned and operated by ATMOSPHERIC ENGINEERING AND SOLUTIONS.LLC. swappingparents . All references to swappingparents herein shall be deemed to include ATMOSPHERIC ENGINEERING AND SOLUTIONS.LLC.

Web site Access.

Consent to Transfer
The Sites are operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer.

Your Acceptance of These Terms
THIS IS A WEB-SITE FOR parents, OFFERING THEM A POSITIVE AND INTERESTING
ENVIRONMENT WHERE THEY swappingparents CAN CONNECT WITH OTHER parents, SHARE
INFORMATION, MAKE NEW FRIENDS AND DISCUSS ISSUES OF MUTUAL INTEREST. TO USE THIS
SITE AND THE SERVICES OFFERED, YOU MUST BE 18 YEARS OLD OR OLDER. BY ACCESSING
THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST18 YEARS OF AGE. USE OF THE
SITE AND THE SERVICES IS VOID WHERE PROHIBITED.

Registering as a Member.

You do not have to be a swappingparents Member to use this Site. However, only Members can access some of the most popular features and services that we currently offers, such as journals, photos, groups, private messages, social networking features, or other services that we may offer in the future. Registration is free. If you are not registered with us, please click here to register and become eligible for all of swappingparents features.

When you register with swappingparents , you will be asked to provide us with your name, birthday, email address and other information that we may request, all of which will become part of your profile and which you can add to or change from time to time. You will also be asked to select a screen name and password which will serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not (1) select or use a screen name of another person with intent to impersonate that person, (2) use a screen name in which another person has rights without authorization from that person, or (3) use a screen name that swappingparents , at its sole discretion, deems offensive. You agree to provide (4) true, accurate, current and complete information about yourself as prompted by the registration form, and (5) maintain and properly update the Profile Data to keep it true, accurate, current & lt; BR>and complete. If you provide information that is untrue, in accurate not current or incomplete, or swappingparents has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members must immediately notify swappingparents of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his screen name and password and all usage or activity on her/his account,including use of the account by any third party, whether or not such use is authorized by the Member. Members may share an account (using one screen name and passwo rd) if the account is being used for legitimate group discussions and if it is clearly disclosed that it is a group account.

How You Can Use these Services.

This Site and the Services offered are intended for your personal, non-commercial use in accordance with these TERMS. You agree that you will not (1) copy, display or distribute any part of the Site, in any medium, without swappingparents prior written consent, or (2) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.

You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, down-load, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by swappingparents . You will take no action to interfere with, int errupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component

Controlling your Personal Information

One of the great features of swappingparents is that you control who will see your profile information as well as any other information or photos that you post on the Site, simply by adjusting your privacy settings. When you first create a profile, or when you make any changes to it, you can select who will see that information. In most cases (there are a few exceptions, described below), you can make your profile information completely private, so that no one sees it but you. You can also choose to make your profile information (or parts of it) visible only to the friends in your network. Or you can choose to make it visibl e to ev eryone who visits the Site.

You also have control over the personal information you post to the Site through photos and other features. Each time that you make a post to the Site, you will be prompted to choose who you want to see that post. You can choose to share photos and posts with your network of friends, or you can choose to share them with everyone. You can change your privacy selection for a particular post at any time by editing the original post/photo and changing the privacy setting
in the Privacy area of the edit page. However, that change will only affect that particular piece of content. Be aware that if you choose to make your posts visible to everyone, then any personal information you post will be accessible to all Members and all visitors to the Site. You should also be aware that any information that is made public on the Site will be search-able by other search engines. In addition, even if that co ntent is later removed from this Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, we caution you to be very careful about posting personal information to the Site.

In addition, some information that you add to your profile cannot be hidden and is always visible to anyone who visits that Site. That includes your avatar, your screen name and your location. In addition, you will show up in searches on the Sitebased on your ZIP/Postal code. If you are uncomfortable disclosing this information, just make something up. The point is, be aware that the information you post will be viewed by many people who you don"t know and you should exercise good judgment and discretion when you choose to post personal information. You can identify yourself by screen name in your posts or can post anonymously. H owever, even if you post anonymously, the swappingparents Team
will be able to identify your posts.

makes all efforts to ensure that your Profile Data and posts are displayed only to the people you selected in your privacy settings. However, mistakes can happen. If you believe that your content is being displayed in a manner that you do not authorize, you can notify swappingparents of the error by using our Contact Us button on any page of the Site and we will correct the problem. However, you agree that your sole remedy against us if we were to make such a mistake is to require us to change the privacy settings to those that you originally requested.

User Submissions

Most of the content on swappingparents is submitted by our Members. We encourage you to take advantage of the many opportunities to interact with swappingparents Members by posting and reading content and participating in

Online discussions.

You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.

All content that you post to swappingparents must comply with these TERMS and the swappingparents Community Guidelines. You take sole responsibility for all content that you post on the Site and the consequences of posting that content.
You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person shown in a photo that you upload or identified in any writing that you post. You agree that you will not upload, email, transmit, or otherwise make available any content that i s:

* threatening, defamatory, abusive, obscene, pornographic, or any material
that would give rise to any civil or criminal liability under applicable law;
* any materials that could infringe any copyright, trademark, publicity or
privacy right or any other intellectual property right of any person or entity
unless you have first received permission from the owner of those rights to use
the materials;
* any materials containing slurs, hate speech or which attack an individual
or group on the basis of race, color, religion, national origin, or sexual
preferences;
* any materials that contain an email address, telephone number, street
address, last name, or any other content or information that identifies a user;
* any materials that constitute spam. Sending the same message multiple
times or to multiple people will be treated as spam.

By submitting content to the Site, you grant to swappingparents and its successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the content without your prior approval or the payment of any compensation. You also grant each user of the swappingparents Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these

TERMS.
User Conduct.

As an online community, we will thrive only if we can rely on our Members to act responsibly. We believe that all Members and visitors benefit from basic rules for acceptable conduct while using the Site and the Services. These rules have
been encoded into our Community Guidelines. By using the Site, you agree to comply with the Community Guidelines.
Our Content Removal Rights.

We reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that (1) the content violates these TERMS or the Community Guidelines, (2) removal is necessary to protect the rights, property or personal safety of swappingparents , its users and the public, or (3) if required to do so by law. We also reserve the right to remove postings that are off the subject or not in English. We can also remove content if we believe that doing so will improve our Site and the experience of our Members.

If you belief that any postings on the Site violate these TERMS or the Community Guidelines, please let us know by using the contact link which can be found on every page of the Site. We try to review all reported violations and, if we agree with you, appropriate action will be taken, However, in all cases, we are the final word on whether these terms or Guidelines have been violated and we will determine what, if any, action should be to taken.

Notwithstanding anything to the contrary stated herein or in our Privacy Policy, we have the right to view and monitor any content posted to this Site, even if that content has been designated as private,if we have reason to believe that the content or the Member posting the content has violated these TERMS or the incorporated conditions and Guidelines, or has engaged in conduct that is fraudulent, deceitful, unlawful or is or could be a threat to persons or property.

Proprietary Rights

The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by swappingparents or its licensors and
is protected by copyright, patents, tr ademarks, tr ade secrets and/or other proprietary rights, including under the United States copyright laws. swappingparents owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.

All trademarks appearing on this Site (Marks) are trademarks of their respective owners, including swappingparents and its partners. Users are prohibited from using any Marks without the written permission of swappingparents or such third party that may own the Marks.

Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without swappingparents prior written consent. You may download content for your personal, non-commercial use only as provided in these TERMS. provided that you keep intact all copyri ght and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.

No License Granted.

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of swappingparents . YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER swappingparents PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

Age Required.

You must be at least 13 years of age with the permission of a parent or guardian to join swappingparents, or accompanied by a guardian or parent to join swappingparents and to use the Services. The swappingparents Site and Services is not intended for people under the age of 13. swappingparents does not knowingly collect personal information from children under the age of 13. Communications from swappingparents .

The Site, or Members, may provide links to other World Wide Web sites or resources. Because swappingparents has no control over such sites and resources, you acknowledge and agree that swappingparents is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that swappingparents shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Indemnity.

You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold swappingparents , and its aff iliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TERMS, applicable law or the rights of any third party.

Disclaimer of Warranties.

YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT swappingparents MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT swappingparents DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW,swappingparents DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARR ANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.

THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT swappingparents IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.

Liability Disclaimer.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL swappingparents OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DA MAGES FOR LOSS O F USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF swappingparents HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR
OTHERWISE.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ONE dollars $1.00

Access Restrictions; Termination.

We can suspend or terminate your membership in swappingparents and your access to the Site or the Services, in wh ole or in part, a t any time, immediately and without notice if, at swappingparents sole discretion, you fail to comply with any of the TERMS or the Community Guidelines. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the Terms shall survive.

You understand and agree that your membership in swappingparents is subject to and conditioned upon the following: Your continued adherence to these TERMS and the Community Guidelines and any future modifications thereto. Your violation of these TERMS, the Community Rules and Guidelines, or any other agreement between you and swappingparents constitute grounds for immediate termination of your membership without further notice at swappingparents sole discretion. We may
also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the swappingparents community. Termination of your membership will result in cancellation of all rights of access and use granted to Members. swappingparents reserves the right to change, discontinue or suspend swappingparents or any of the Services at any time for any reason. Members may terminate their membership at any time by sending their request to us, using the Contact button on any page of the Site. swappingparents shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TERMS or the Community Guidelines. Any decision swappingparents makes relating to termination or suspension of any Member's account shall be final and binding. swappingparents may terminate any Member's account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she has not logged into the Site with her screen name and password, or contacted swappingparents in any other manner. In addition, if you have been inactive for three (3) months, we may take down any photos that you have posted to your profile or anywhere else on the Site.

Copyright Act Notice.

Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service.

If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single on line site are covered by a single
notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to locate
the material;
4. Information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief th at use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.

You may order services, merchandise or other products through our Site from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consid er us (and we will not be construed as) a
party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. ATMOSPHERIC ENGINEERING AND SOLUTIONS. LLC. Employees, Partners and Investors.

Our employees are dedicated to building the best social networking site for moms and providing you with the tools that you need to have a great on line experience. In connection with their work, some of our employees are required to use the Site, including creating a profile. Our advertisers, partners and investors may also use the Site and the Services, including creating a profile, for business and advertising purposes.

Miscellaneous.

These TERMS are the entire agreement between you and swappingparent s . They supersede any and all prior or contemporaneous agreements between you and swappingparents relating to your use of the Site or the Services. If any part of these TERMS is determined to be invalid or unenforceable, it will not impact any other provision of these TERMS, all of which will remain in full force and effect. The failure of swappingparents to partially or fully exercise any rights or the waiver of swappingparents of any breach of these TERMS by you, shall not prevent a subsequent exercise of such right by swappingparents or be deemed a waiver by swappingparents of any subsequent breach by you of the same or any other term of these TERMS. The rights and remedies of swappingparents under these TERMS and any other applicable agreement between you and swappingparents shall be cumulative, and the exercise of any such right or remedy shall not limit swappingparents right to exercise any other right or remedy.

The se TERMS are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by swappingparents for any violation of swappingparents proprietary or other rights, any and all disputes relating to these TERMS, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association before an independent arbitrator designated by the AAA. The location of arbitration shall be Minnesota USA.