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Terms of Use

Effective
Date: 12/5/18

Thank
you for visiting this Site, which is owned and operated by AVID
Marketing, Inc. These Terms of Use govern your use of this Site.

Your
Acceptance of These Terms of Use

These
Terms of Use apply to all users of this Site, whether or not you are
a registered member. By using this Site you are agreeing to comply
with and be bound by these Terms of Use. If you do not agree to these
Terms of Use, you may not access or use this Site.

Your
Acceptance of Our Privacy Policy

By
agreeing to these Terms of Use, you agree to the terms of our Privacy
Policy
 and
to our Site/Forum
Rules
,
which is expressly incorporated herein. Before using this Site,
please carefully review our Privacy Policy. All personal information
provided to us as a result of your use of this Site will be handled
in accordance with our Privacy Policy. To the extent there are
inconsistencies between these Terms of Use and our Privacy Policy,
these Terms of Use control.

Your
Consent to Other Agreements

When
you sign up to use a special feature of this Site, you may be asked
to agree to special terms governing your use of the special feature.
In such cases, you may be asked to expressly consent to the special
terms, for example, by checking a box or clicking on a button marked
“I agree.” This type of agreement is known as a “click-through”
agreement. If any of the terms of the click-through agreement are
different than the terms of these Terms of Use, the terms of the
click-through agreement will supplement or amend these Terms of Use,
but only with respect to the matters governed by the “click-through
agreement.”

Ownership
of this Site and its Content

This
Site, including all its Content are protected under applicable
intellectual property and other laws, including without limitation
the laws of the United States and other countries. All Content and
intellectual property rights therein are the property of PIGSwap or
the material is included with the permission of the rights owner and
is protected pursuant to applicable copyright and trademark laws.

The
presence of any Content on this Site does not constitute a waiver of
any right in such Content. You do not acquire ownership rights to any
such Content viewed through this Site. Except as otherwise provided
herein, none of this Content may be used, copied, reproduced,
distributed, republished, downloaded, modified, displayed, posted or
transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise,
without our express prior written permission.

Permission
is hereby granted to the extent necessary to lawfully access and use
this Site and to display, download, or print portions of this Site on
a temporary basis and for your personal, educational, noncommercial
use only, provided that you (i) do not modify the Content; (ii) you
retain any and all copyright and other proprietary notices contained
in the Content; and (iii) you do not copy or post the Content on any
network computer or broadcast the Content in any media.

Trademarks

The
PIGSwap names and logos (including, without limitation, those of its
affiliates), all product and service names, all graphics, all button
icons, and all trademarks, service marks and logos appearing within
this Site, unless otherwise noted, are trademarks (whether registered
or not), service marks and/or trade dress of PIGSwap and/or its
affiliates (the “PIGSwap Marks”). All other trademarks, product
names, company names, logos, service marks and/or trade dress
mentioned, displayed, cited or otherwise indicated within this Site
are the property of their respective owners. You are not authorized
to display or use the PIGSwap Marks in any manner without our prior
written permission. You are not authorized to display or use
trademarks, product names, company names, logos, service marks and/or
trade dress of other owners featured within this Site without the
prior written permission of such owners. The use or misuse of the
PIGSwap Marks or other trademarks, product names, company names,
logos, service marks and/or trade dress or any other materials
contained herein, except as permitted herein, is expressly
prohibited.

Responsibility
for User-Generated Content Posted on or Through this Site

You
are responsible for User-Generated Content that you post.
 Under
no circumstances will we be liable in any way for any UGC.

This
means that you, not PIGSwap, are entirely responsible for all UGC
that you post and that you can be held personally liable for comments
that are defamatory, obscene, or libelous, or that violate these
Terms of Use, an obligation of confidentiality, or the rights of
others. If any part of the UGC you post is not your original work, it
is your responsibility to obtain any necessary permission to post it.

Because
we do not control the UGC posted on or through this Site, we cannot
and do not warrant or guarantee the truthfulness, integrity,
suitability, or quality of that UGC. You also agree and understand
that by accessing this Site, you may encounter UGC that you may
consider to be objectionable. We have no responsibility for any UGC,
including without limitation any errors or omissions therein. We are
not liable for any loss or damage of any kind you may claim was
incurred as a result of the use of any UGC posted, emailed,
transmitted or otherwise made available on or through this Site. The
UGC posted on or through this Site expresses the personal opinions of
the individuals who posted it and does not necessarily reflect the
views of PIGSwap or any person or entity associated with PIGSwap.

You
own Your User-Generated Content, but we may use it.
 You
own the copyright in any original UGC you post. We do not claim any
copyrights in UGC. However, by using this Site you are granting us
and our subsidiaries, affiliates, successors and assigns, a
nonexclusive, fully paid, worldwide, perpetual, irrevocable,
royalty-free, transferable license (with the right to sublicense
through unlimited levels of sublicensees) to use, copy, modify,
distribute, publicly display and perform, publish, transmit, remove,
retain repurpose, and commercialize UGC you post in any and all media
or form of communication whether now existing or hereafter developed,
without obtaining additional consent, without restriction,
notification, or attribution, and without compensating you in any
way, and to authorize others to do the same. For this reason, we ask
that you not post any UGC that you do not wish to license to us,
including any photographs, videos, confidential information, or
product ideas.

PIGSwap
and its Partners reserve the right to display advertisements in
connection with your UGC and to use your UGC for advertising and
promotional purposes.

We
may disclose and/or remove User-Generated Content.
 PIGSwap
has certain rights. We have the right (but do not assume the
obligation) to:

• monitor
all UGC;
• require that you avoid certain subjects;

remove or block any UGC at any time without notice at our sole and
absolute discretion;
• disclose any UGC and the identity of the
user who posted it in response to a subpoena or whenever we believe
that disclosure is appropriate to comply with the law or a court
order, to prevent or investigate a possible crime or other violation
of law, to protect the rights of PIGSwap or others, or to enforce
these Terms of Use; and
• terminate your access to and use of
this Site, or to modify, edit or block your transmissions thereto,
for any reason and in our sole discretion.

You
agree that our exercise of such discretion shall not render us the
owners of UGC you post, and that you will retain ownership thereof as
described above.

Restrictions
on User-Generated Content.
 It
is a condition of these Terms of Use that you do not:

• upload,
post, transmit or otherwise make available

  • any
    UGC that is unlawful, harmful, hateful, threatening, abusive,
    harassing, libelous, defamatory, obscene, vulgar, pornographic,
    profane, racially disparaging, indecent, or invasive of another’s
    privacy;
  • any
    UGC that constitutes or encourages activity illegal under criminal
    or civil law;
  • any
    UGC that is false, misleading, or fraudulent;
  • any
    UGC that you do not have a right to make available under any law or
    under contractual or fiduciary relationships (such as inside
    information or proprietary and confidential information learned or
    disclosed as part of employment relationships or under nondisclosure
    agreements);
    o any UGC that violates or infringes upon the rights
    of others, including UGC which violates the patent rights,
    copyrights, trademark rights, privacy rights, publicity rights,
    trade secret rights, confidentiality rights, contract rights, or any
    other rights of any individual, living or deceased, or any legal
    entity;
  • any
    UGC that contains the image, name or likeness of anyone other than
    yourself, unless (i) that person is at least eighteen years old and
    you have first obtained his/her express permission or (ii) that
    person is under eighteen years old but you are his/her parent or
    legal guardian;

  • any
    request for or solicitation of any personal or private information
    from any individual to the extent such request is not consistent
    with the networking goals of this Site;
  • any
    request for or solicitation of money, goods, or services for private
    gain. Prostitution is strictly prohibited on our site; 

  • any
    UGC that contains advertising, promotions or marketing, or which
    otherwise has a commercial purpose, except for those portions or
    features of the Site that expressly intend to allow advertising,
    promoting, or marketing Your services, products or business;
  • any
    material that contains software viruses or any other computer code,
    files or programs designed to interrupt, destroy or limit the
    functionality of any computer software or hardware or
    telecommunications equipment; or

• impersonate
any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity; or
• violate any local,
state, national or international law, rule or regulation.

By
posting User-Generated Content, you represent and warrant that (i)
you own or otherwise control all of the rights to the UGC and have
the right to grant the license set forth in these Terms of Use; (ii)
the UGC is accurate, and (iii) you have read and understood—and
your UGC fully complies with—these Terms of Use and applicable laws
and will not cause injury to any person or entity.

Removal
of Content

In
general.
 You
can seek removal of objectionable UGC, and lodge complaints against
particular users, by contacting us at http://www.PIGSwap.com/contact.
We will endeavor to review such requests and to remove UGC and users
that we determine should be removed, in our sole discretion and in
accordance with these Terms of Use and applicable law. However, by
providing a mechanism for the submission of complaints, we make no
promises that we will review all such complaints or that we will take
any action in response to such complaints. Please be aware, however,
that if the UGC has already been distributed to other websites or
published in other media, we will not be able to recapture and delete
it. Also, a back-up or residual copy of the UGC we remove from this
Site may remain on back-up servers.

Violation
of copyrights.
 PIGSwap
does not knowingly violate or permit others to violate the copyrights
of others. We will promptly remove or disable access to material that
we know is infringing or if we become aware of circumstances from
which infringing activity is apparent.

If
you are requesting removal of content because of a violation of your
copyrights, please note that the Digital Millennium Copyright Act of
1998 (the “DMCA”) provides recourse for copyright owners who
believe that material appearing on the Internet infringes their
rights under U.S. copyright law. If you believe that your own work,
or the work of a third party for whom you are authorized to act, is
featured on this Site or has been otherwise copied and made available
on this Site in a manner that constitute copyright infringement,
please notify us immediately. Your notice must be in writing and must
include

• an
electronic or physical signature of the copyright owner or of the
person authorized to act on behalf of the owner of the copyright
interest;
• a description of the copyrighted work that you claim
has been infringed;
• a description of where the material that
you claim is infringing is located on this Site (including the URL,
title and/or item number if applicable, or other identifying
characteristics);
• your name, address, telephone number, and
email address, and, if you are not the owner of the copyright, the
name of the owner; and
• a written statement by you that you
have a good-faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and
• a statement by
you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.

Your
statement must be addressed as follows:

Copyright
Agent/Irv Scott
AVID Marketing, Inc.
PO Box 70218, Oakland
Park, FL 33307
legal@PIGSwap.com

Any
notification by a copyright owner or a person authorized to act on
its behalf that fails to comply with requirements of the DMCA shall
not be considered sufficient notice and shall not be deemed to confer
upon us actual knowledge of facts or circumstances from which
infringing material or acts are evident.

Your
Feedback

Although
we do not claim ownership of User-Generated Content you post using
this Site, the Feedback you provide to us through this Site will be
and remain our exclusive property. Your submission of Feedback will
constitute an assignment to us of all worldwide rights, title and
interests in your Feedback, including all copyrights and other
intellectual property rights in your Feedback. We will be entitled to
reduce to practice, exploit, make, use, copy, disclose, display or
perform publicly, distribute, improve and modify any Feedback you
submit for any purpose whatsoever, without restriction and without
compensating you in any way. For this reason, we ask that you not
send us any Feedback that you do not wish to assign to us.

Your
Obligations

In
consideration of your use of this Site, you agree that to the extent
you provide personal information to PIGSwap it will be true,
accurate, current, and complete and that you will update all personal
information as necessary. You also agree that you will use an image
of yourself that you are authorized to use for your profile picture.
The use of company logos, advertisements, web addresses, contact
information, pictures of celebrities or the unauthorized use of
images owned by others is prohibited. Company logos may only be used
by authorized representatives and may only be posted by authorized
representatives of the respective company, or with expressed written
permission by the Site owners.

To
the extent you create an account through this Site, you understand
and agree that any account you create, including your username and
password, are personal to you and may not be used by anyone else. You
are responsible for maintaining the confidentiality of your username
and password and are fully responsible for all activities that occur
under your username and password by you or by anyone else using your
username and password, whether or not authorized by you. You agree to
change your password immediately if you believe your password may
have been compromised or used without authorization. You also agree
to immediately inform us of any apparent breaches of security such as
loss, theft or unauthorized disclosure or use of your username or
password by contacting us using the information provided
here: http://www.PIGSwap.com/contact.
Until we are so notified you will remain liable for any unauthorized
use of your account.

You
agree to use this Site in a manner consistent with any and all
applicable rules and regulations. You agree not to upload or transmit
through this Site any computer viruses, trojan horses, worms or
anything else designed to interfere with, interrupt or disrupt the
normal operating procedures of a computer. Any unauthorized
modification, tampering or change of any information; any
interference with the availability of or access to this Site; or any
unauthorized scraping of the Content on this Site is strictly
prohibited. We reserve all rights and remedies available to us,
including but not limited to the right to terminate your access to
this Site.

Fees
and Payments

PIGSwap
members can elect to upgrade their account to a PAID Account or to
purchase another subscription service offered by PIGSwap such as
advertising in our Marketplace, where they are charged a subscription
fee for the use of certain services. PIGSwap reserves the right to
change the fees at any time, upon notice to you. By registering for a
PAID account, or other subscription service, you agree to pay PIGSwap
the fees for the services applicable to the account level chosen. For
any upgrade or downgrade in plan level, the credit card that you
provided will automatically be charged the new rate immediately.

All
fees are paid in advance and are non-refundable. There will be no
refunds or credits for partial months of service, upgrade/downgrade
refunds, refunds for accounts that have had access to particular
services restricted, refunds for accounts that have had upgrades
canceled for any reason including violations of these Terms, or
refunds for months unused. However, if a user upgrades and cancels
within 24 hours without using the upgraded services offered to
members with a paid subscription, we will offer a full refund minus
any applicable cancellation fees. We reserve the right to deactivate
your access to the Services for your failure to pay applicable fees
or for violations of these Terms. If you provide us with a credit
card that expires during the term of these Terms of Service, we
reserve the right to charge any renewal card issued to you as a
replacement. You agree to promptly pay PIGSwap in the event of any
refusal of your credit card issuer to pay any amount to PIGSwap for
any reason. You agree to pay all costs of collection, including
attorneys’ fees and costs, on any outstanding balance. In the event
you fail to pay any amount when due, PIGSwap may immediately suspend
or terminate your access to any or all of our services.

Automatic
Renewal

Your
PAID, or other subscription services will renew automatically, unless
you cancel your subscription (see Cancellation on how to cancel). You
must cancel your subscription before the calendar day it renews (the
day of the month you are to be charged) to avoid billing of the
subscription fees for the renewal term to your credit card.
Additionally, we may terminate your subscription for a violation of
these Terms.

Promotional
or Trial Period Pricing

We
may elect to offer free or discounted pricing for use of the PAID
services or other subscription services (a "Trial"). If you
do not cancel your subscription prior to the expiration of the Trial,
then your credit card will be billed for the subscription fees. You
agree to comply with any additional terms, restrictions or
limitations we impose in connection with any Trial. You may not
sign-up for multiple Accounts in order to receive additional benefits
under any Trial.

Cancellation

You
may cancel your subscription(s) at any time by logging into your
PIGSwap PAID account, going to your account preferences and clicking
on the "Please cancel my PIGSwap account" link. Other
subscriptions may be cancelled via the settings on the pages
associated with their features. If you cancel the services before the
last day of your current paid up month, your cancellation will take
effect immediately and you will not be charged again.

DISCLAIMERS

WE
MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR
ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED
THROUGH THIS SITE, INCLUDING PRODUCTS OR SERVICES FROM THIRD-PARTIES.
THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT)
ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
PERMITTED BY LAW, PIGSWAP, ITS AFFILIATES, AND THEIR SERVICE
PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM,
COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH
RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES
AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, PIGSWAP, ITS AFFILIATES, AND THEIR
SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF
THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR
CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT
INTERRUPTION OR ERROR.

WE
DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY
TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY
HARMFUL COMPONENTS (INCLUDING VIRUSES).

PIGSWAP
DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND
OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED PIGSWAP SPOKESPERSONS.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE
OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS,
ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE
AND OPINIONS OF PIGSWAP. WE DO NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR
FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER
DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS,
EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS
CLAUSE. IN ADDITION, PIGSWAP MAKES NO REPRESENTATION, WARRANTY, OR
GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, OR AVAILABILITY OF ANY SERVICES OR GOODS OFFERED BY
THIRD PARTIES.

APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR
PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION
OF LIABILITY

TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND
SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND
EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT
LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS
CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO
PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR
CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH
PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER
NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR ANY OTHER BASIS.

IF
ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE
RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN
LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This
Site gives you specific legal rights and you may also have other
rights which vary from country to country. Some jurisdictions do not
allow certain kinds of limitations or exclusions of liability, so the
limitations and exclusions set out in these Terms of Use may not
apply to you. Other jurisdictions allow limitations and exclusions
subject to certain conditions. In such a case the limitations and
exclusions set out in these Terms of Use shall apply to the fullest
extent permitted by the laws of such applicable jurisdictions. Your
statutory rights as a consumer, if any, are not affected by these
provisions, and we do not seek to exclude or limit liability for
fraudulent misrepresentation.

Links
to Third-Party Websites

This
Site may: (a) provide links to other websites operated by third
parties, or (b) allow you to interact with third party businesses.
These third-parties may also be PIGSwap members Because we have no
control over third-party websites or businesses, we are not
responsible for the availability of those websites and do not endorse
and are not responsible or liable for any services, products,
content, advertising, services, products, or other materials on or
available from such third parties, including their websites. PIGSwap
does not endorse any third-party business or website, and in no event
shall PIGSwap be responsible or liable for any products or services
of such third parties. PIGSwap 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 the use of or reliance on any
content, advertising, services, products, or other materials on or
available from such third parties or their websites. These Terms of
Use do not apply to your use of third-party websites; your use of
such websites is subject to the terms and policies of the owner of
such websites.

PIGSwap
has financial relationships with some of the companies, products, and
services mentioned on our site, and may be compensated if users
choose to follow the links pointing to those companies, products or
services.

Modification,
Discontinuation, and Termination

We
reserve the right at any time and from time-to-time to modify, edit,
delete, suspend or discontinue, temporarily or permanently this Site
(or any portion thereof) and/or the information, materials, products
and/or services available through this Site (or any part thereof)
with or without notice. You agree that we shall not be liable to you
or to any third party for any such modification, editing, deletion,
suspension or discontinuance of this Site.

You
also agree that PIGSwap, in its sole discretion, may terminate your
password, account (or any part thereof), or use of this Site for any
reason, including, without limitation, for lack of use or if PIGSwap
believes that you have violated or acted inconsistently with the
letter or spirit of these Terms of Use. You agree that any
termination of your access to this Site under any provision of these
Terms of Use may be effected without prior notice, and acknowledge
and agree that PIGSwap may immediately deactivate or delete your
account and all related information in your account and/or bar any
further access to this Site. Further, you agree that PIGSwap shall
not be liable to you or any third-party for any termination of your
access to this Site.

Waiver

Our
failure at any time to require performance of any provision of these
Terms of Use or to exercise any right provided for herein will not be
deemed a waiver of such provision or such right. All waivers must be
in writing. Unless the written waiver contains an express statement
to the contrary, no waiver by PIGSwap of any breach of any provision
of these Terms of Use or of any right provided for herein will be
construed as a waiver of any continuing or succeeding breach of such
provision, a waiver of the provision itself, or a waiver of any right
under these Terms of Use.

Severability

If
any provision of these Terms of Use is held by a court of competent
jurisdiction to be contrary to law, such provision will be changed
and interpreted so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law and the
remaining provisions of these Terms of Use will remain in full force
and effect.

Governing
Law, Jurisdiction and Venue

These
Terms of Use will be governed under the laws of the State of Florida
without regard to its conflicts of law provisions. All actions or
proceedings arising out of or relating to these Terms of Use will be
venued exclusively in state or federal court in the City of Fort
Lauderdale and Broward County, Florida. You hereby irrevocably
consent and submit to the personal jurisdiction of said courts for
all such purposes. However, we retain the right to bring legal
proceedings in any jurisdiction where we believe that infringement of
these Terms of Use is taking place or originating.

Indemnity

You
agree to indemnify and hold PIGSwap, its subsidiaries, and
affiliates, and their respective officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys’ fees, made by any third party due
to or arising out of your use of this Site in violation of these
Terms of Use and/or arising from a breach of these Terms of Use
and/or any breach of your representations and warranties set forth
above and/or if any material that you post using this Site causes us
to be liable to another. We reserve the right to defend any such
claim, and you agree to provide us with such reasonable cooperation
and information as we may request.

These
Terms of Use May Change

These
Terms of Use are current as of the effective date set forth above.
PIGSwap reserves the right to change these Terms of Use from time to
time consistent with applicable laws and principles. These changes
will be effective as of the date we post the revised version on this
Site. Your continued use of this Site after we have posted the
revised Terms of Use constitutes your agreement to be bound by the
revised Terms of Use. If at any time you choose not to accept these
Terms of Use, you should not use this Site.

Entire
Agreement

These
Terms of Use (together with our Privacy Policy and any Terms, Rules
or click-through agreements applicable to you) contain the entire
understanding and agreement between you and PIGSwap with respect to
this Site and supersede all previous communications, negotiations,
and agreements, whether oral, written, or electronic, between you and
PIGSwap with respect to this Site and your use of this Site.

Definitions

The
terms “PIGSwap,” “we,” “us,” and “our”
 refer
to AVID Marketing, Inc.

The
term “Content”
 refers
to all of the software and code comprising or used to operate this
Site, and all of the text, photographs, images, illustrations,
graphics, sound recordings, video and audio-video clips, and other
materials available on this Site, including User-Generated Content
and Feedback.

The
term “Feedback”
 refers
to the Content you post on or through this Site that is specifically
about how we can improve this Site and the products and services we
make available through this Site.

The
term “including”
 means
“including, but not limited to.”

The
term “Site”
 refers
to the website located at PIGSwap.com and owned by AVID Marketing,
Inc.

The
terms “User-Generated Content” or “UGC”
 refer
to: (a) your publicly available profile information and (b) all
content, materials, and information that you post, publish, or upload
to the Site, including, without limitation, through any social
networking tools available on the Site. UGC does not include
“Feedback.”

Questions

If you have any questions about this Site or these Terms of Use, please contact us using the following information: info at PIGSwap [dot] com