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TERMS OF USE SWIPESTUDIO |
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Version Date: November 02, 2020
TERMS
OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”)
constitutes a legally binding agreement made between you, whether personally or
on behalf of an entity (“user” or “you”) and SwipeStudio and its affiliated companies (collectively, “Company” or “we” or
“us” or “our”), concerning your access to and use of the https://swipestudio.co
website as well as any other media form, media channel, mobile website or
mobile application related or connected thereto (collectively, the “Website”). The Website provides the
following services (“Company Services”):
The
successful running of the Geofilter on the Snapchat mobile Application is
dependent on various factors outside of the control of Company including but
not restricted to conformance to Snapchat Submission
Guidelines and approval of the Geofilter by Snapchat before Start Time of
the Geofilter. The appearance of Geofilter on the user’s Snapchat mobile
application is dependant on the location of the one’s mobile device, the
device’s location accuracy and the user’s internet connection. In order to
successfully view and use the Geofilter, one’s device location must be within
Geofence while Geofilter is live on the Snapchat mobile application. The
company will not be held liable in case Geofilter does not work as expected on
the Snapchat mobile application. Please refer to the Refund and Cancellation policy
on the website for more details on how you can claim a refund in case your
filter does not work.
Supplemental terms and conditions or documents
that may be posted on the Website from time to time, are hereby expressly incorporated
into this Agreement by reference.
Company makes no
representation that the Website is appropriate or available in other locations
other than where it is operated by Company. The information provided on the
Website is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject Company to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Website from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) are not permitted to register
for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS
AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF
APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO
ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS
AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE
COMPANY SERVICES OR THE WEBSITE.
PURCHASES; PAYMENT
Company bills you through an online billing
account for purchases of products and/or services. You agree to pay Company all
charges at the prices then in effect for the products you or other persons
using your billing account may purchase, and you authorize Company to charge
your chosen payment provider for any such purchases. You agree to make payment
using that selected payment method. If you have ordered a product or service
that is subject to recurring charges then you consent to our charging your
payment method on a recurring basis, without requiring your prior approval from
you for each recurring charge until such time as you cancel the applicable
product or service. Company reserves the right to correct any errors or
mistakes in pricing that it makes even if it has already requested or received
payment. Sales tax will be added to the sales price of purchases as deemed
required by Company. Company may change prices at any time. All payments shall
be in U.S. dollars.
REFUND AND CANCELLATION POLICY
Please review our Refund and Cancellation Policy
posted on our Website prior to making any purchases.
USER REPRESENTATIONS
Regarding Your Registration
By using the Company Services, you represent and
warrant that:
A. all
registration information you submit is truthful and accurate;
B. you
will maintain the accuracy of such information;
C. you
will keep your password confidential and will be responsible for all use of
your password and account;
D. you
are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use this Website; and
E. your
use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Website’s
registration form and (b) maintain and promptly update registration data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Company has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Company has the right to suspend or terminate your
account and refuse any and all current or future use of the Website (or any
portion thereof).
We reserve the right to remove or reclaim or
change a user name you select if we determine appropriate in our discretion,
such as when the user name is obscene or otherwise objectionable or when a
trademark owner complains about a username that does not closely relate to a
user's actual name.
Regarding Content You Provide
The Website may invite you to chat or
participate in blogs, message boards, online forums and other functionality and
may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute or broadcast content and materials to
Company and/or to or via the Website, including, without limitation, text,
writings, video, audio, photographs, graphics, comments, suggestions or
personally identifiable information or other material (collectively
"Contributions") associated
with the use of Company Services. Any Contributions you transmit to
Company will be treated as non-confidential and non-proprietary. When you
create or make available a Contribution, you thereby represent and warrant
that:
A. the creation, distribution,
transmission, public display and performance, accessing, downloading and
copying of your Contribution does not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade
secret or moral rights of any third party;
B. you are the creator and
owner of or have the necessary licenses, rights, consents, releases and
permissions to use and to authorize Company and the Website users to use your
Contributions as necessary to exercise the licenses granted by you under this
Agreement;
C. you have the written consent, release, and/or permission of each and
every identifiable individual person in the Contribution to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of the Contribution in the manner contemplated by this Website;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent,
harassing or otherwise objectionable (as determined by Company), libelous or
slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone,
does not advocate the violent overthrow of any government, does not incite,
encourage or threaten physical harm against another, does not violate any
applicable law, regulation, or rule, and does not violate the privacy or
publicity rights of any third party;
E. your Contribution does not contain material that solicits personal
information from anyone under 18 or exploit people under the age of 18 in a
sexual or violent manner, and does not violate any federal or state law
concerning child pornography or otherwise intended to protect the health or
well-being of minors;
F. your Contribution does not include any offensive comments that are
connected to race, national origin, gender, sexual preference or physical
handicap;
G. your Contribution does not otherwise violate, or link to material that
violates, any provision of this Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the
Website, or making them accessible to the Website by linking your account to any
of your social network accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to Company an unrestricted,
unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part) and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into
other works, such Contributions, and to grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through
any media channels. Such use and distribution license will apply to any form,
media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names and logos, personal and commercial
images you provide. Company does not assert any ownership over your
Contributions; rather, as between us and you, subject to the rights granted to
us in this Agreement, you retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated
with your Contributions.
Company
has the right, in our sole and absolute discretion, to (i) edit, redact or
otherwise change any Contributions, (ii) re-categorize any Contributions to
place them in more appropriate locations or (iii) pre-screen or delete any
Contributions that are determined to be inappropriate or otherwise in violation
of this Agreement.
By uploading your Contributions to the Website,
you hereby authorize Company to grant to each end user a personal, limited,
non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to
access, download, print and otherwise use your Contributions for their internal
purposes and not for distribution, transfer, sale or commercial exploitation of
any kind.
GUIDELINES FOR REVIEWS
Company may accept, reject or remove reviews in
its sole discretion. Company has absolutely no obligation to screen reviews or
to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Those persons posting reviews should comply with the following
criteria: (1) reviewers should have firsthand experience with the person/entity
being reviewed; (2) reviews should not contain: offensive language, profanity,
or abusive, racist, or hate language; discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual
orientation or disability; or references to illegal activity; (3) reviewers
should not be affiliated with competitors if posting negative reviews; (4)
reviewers should not make any conclusions as to the legality of conduct; and
(5) reviewers may not post any false statements or organize a campaign
encouraging others to post reviews, whether positive or negative. Reviews are
not endorsed by Company, and do not represent the views of Company or of any
affiliate or partner of Company. Company does not assume liability for any
review or for any claims, liabilities or losses resulting from any review. By
posting a review, the reviewer hereby grants to Company a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable and
sublicensable license to Company to reproduce, modify, translate, transmit by
any means, display, perform and/or distribute all content relating to reviews.
MOBILE
APPLICATION LICENSE
Use License
If you are accessing the Company Services via a
mobile application, then Company grants you a revocable, non-exclusive,
non-transferable, limited right to install and use the application on wireless
handsets owned and controlled by you, and to access and use the application on
such devices strictly in accordance with the terms and conditions of this
license. You shall use the application strictly in accordance with the terms of
this license and shall not: (a) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any
modification, adaptation, improvement, enhancement, translation or derivative
work from the application; (c) violate any applicable laws, rules or
regulations in connection with your access or use of the application; (d)
remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of Company or its affiliates, partners, suppliers or
the licensors of the application; (e) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended; (f) make the application available over a network or
other environment permitting access or use by multiple devices or users at the
same time; (g) use the application for creating a product, service or software
that is, directly or indirectly, competitive with or in any way a substitute
for the application; (h) use the application to send automated queries to any
website or to send any unsolicited commercial e-mail; or (i) use any
proprietary information or interfaces of Company or other intellectual property
of Company in the design, development, manufacture, licensing or distribution
of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play to access the
Company Services. You acknowledge that this Agreement is concluded between you
and Company only, and not with Apple Inc. or Google, Inc. (each an “App
Distributor”), and Company, not an App Distributor, is solely responsible for
the Company application and the content thereof. (1) SCOPE OF LICENSE: The
license granted to you for the Company application is limited to a
non-transferable license to use the Company application on a device that
utilizes the Apple iOS or Android operating system, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor
terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible
for providing any maintenance and support services with respect to the Company
application, as specified in this Agreement, or as required under applicable
law. You acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the Company
application. (3) WARRANTY: Company is solely responsible for any product
warranties, whether express or implied by law, to the extent not effectively
disclaimed. In the event of any failure of the Company application to conform to
any applicable warranty, you may notify an App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase
price, if any, paid for the Company application, and to the maximum extent
permitted by applicable law, an App Distributor will have no other warranty
obligation whatsoever with respect to the Company application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be Company’s sole responsibility. (4)
PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is
responsible for addressing any claims of yours or any third party relating to
the Company application or your possession and/or use of the Company application,
including, but not limited to: (i) product liability claims; (ii) any claim
that the Company application fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in
the event of any third party claim that the Company application or your
possession and use of the Company application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for
the investigation, defense, settlement and discharge of any such intellectual
property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant
that (i) you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. government list of
prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must
comply with applicable third party terms of agreement when using the Company
application, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the Company
application. (8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree
that the App Distributors, and their subsidiaries, are third party
beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement, each App Distributor will have the right (and
will be deemed to have accepted the right) to enforce this Agreement against
you as a third party beneficiary thereof.
SUBMISSIONS
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback or other
information about the Website or the Company Services ("Submissions")
provided by you to Company are non-confidential and Company (as well as any
designee of Company) shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or
use the Website for any other purpose other than that for which Company makes
it available. The Website may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by Company. Prohibited
activity includes, but is not limited to:
A. attempting
to bypass any measures of the Website designed to prevent or restrict access to
the Website, or any portion of the Website
B. attempting
to impersonate another user or person or using the username of another user
C. criminal or
tortious activity
D. deciphering,
decompiling, disassembling or reverse engineering any of the software
comprising or in any way making up a part of the Website
E. deleting
the copyright or other proprietary rights notice from any Website content
F. engaging in
any automated use of the system, such as using any data mining, robots or
similar data gathering and extraction tools
G. except as
may be the result of standard search engine or Internet browser usage, using or
launching, developing or distributing any automated system, including, without
limitation, any spider, robot (or "bot"), cheat utility, scraper or
offline reader that accesses the Website, or using or launching any
unauthorized script or other software
H. harassing,
annoying, intimidating or threatening any Company employees or agents engaged
in providing any portion of the Company Services to you
I. interfering
with, disrupting, or creating an undue burden on the Website or the networks or
services connected to the Website
J. making any
unauthorized use of the Company Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses
K. selling or
otherwise transferring your profile
L. tricking,
defrauding or misleading Company and other users, especially in any attempt to
learn sensitive account information such as passwords
M. using any
information obtained from the Website in order to harass, abuse, or harm
another person
N. using the
Company Services as part of any effort to compete with Company or to provide
services as a service bureau
O. using the
Website in a manner inconsistent with any and all applicable laws and
regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”)
and the trademarks, service marks and logos contained therein (“Marks”) are
owned by or licensed to Company, and are subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Company Content, includes, without limitation, all source code,
databases, functionality, software, website designs, audio, video, text,
photographs and graphics. All Company graphics, logos, designs, page headers,
button icons, scripts and service names are registered trademarks, common law
trademarks or trade dress of Company in the United States and/or other
countries. Company's trademarks and trade dress may not be used, including as
part of trademarks and/or as part of domain names, in connection with any
product or service in any manner that is likely to cause confusion and may not
be copied, imitated, or used, in whole or in part, without the prior written permission
of the Company.
Company Content on the Website is provided to
you “AS IS” for your information and personal use only and may not be used,
copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. Provided that you
are eligible to use the Website, you are granted a limited license to access
and use the Website and the Company Content and to download or print a copy of
any portion of the Company Content to which you have properly gained access
solely for your personal, non-commercial use. Company reserves all rights not
expressly granted to you in and to the Website and Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The
Website contains (or you may be sent through the Website or the Company
Services) links to other websites ("Third Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Content"). Such
Third Party Websites and Third Party Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third Party Websites accessed through the Website or any
Third Party Content posted on, available through or installed from the Website,
including the content, accuracy, offensiveness, opinions, reliability, privacy
practices or other policies of or contained in the Third Party Websites or the
Third Party Content. Inclusion of, linking to or permitting the use or
installation of any Third Party Website or any Third Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Website
and access the Third Party Websites or to use or install any Third Party
Content, you do so at your own risk and you should be aware that our terms and
policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you
navigate from the Website or relating to any applications you use or install
from the Website. Any purchases you make through Third Party Websites will be
through other websites and from other companies, and Company takes no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party.
SITE MANAGEMENT
Company reserves the right but does not have the
obligation to:
A. monitor the
Website for violations of this Agreement;
B. take
appropriate legal action against anyone who, in Company’s sole discretion,
violates this Agreement, including without limitation, reporting such user to
law enforcement authorities;
C. in Company’s
sole discretion and without limitation, refuse, restrict access to or
availability of, or disable (to the extent technologically feasible) any user’s
contribution or any portion thereof that may violate this Agreement or any
Company policy;
D. in Company’s
sole discretion and without limitation, notice or liability to remove from the
Website or otherwise disable all files and content that are excessive in size
or are in any way burdensome to Company’s systems;
E. otherwise
manage the Website in a manner designed to protect the rights and property of
Company and others and to facilitate the proper functioning of the Website.
PRIVACY POLICY
We care about the privacy of our users. Please
review the Company Privacy Policy. By using the Website or Company Services,
you are consenting to have your personal data transferred to and processed in
the United States and India. By using the Website or the Company Services, you are
consenting to the terms of our Privacy Policy.
TERM AND TERMINATION
This Agreement shall remain in full force and
effect while you use the Website or are otherwise a user or member of the
Website, as applicable. You may terminate your use or participation at any
time, for any reason, by following the instructions for terminating user accounts
in your account settings, if available, or by contacting us using the contact
information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS
AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE
COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR
COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION,
AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE
COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU
HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website
and Company Services, Company reserves the right at any time in its sole
discretion to block certain IP addresses from accessing the Website and Company
Services.
Any provisions of this Agreement that, in order
to fulfill the purposes of such provisions, need to survive the termination or
expiration of this Agreement, shall be deemed to survive for as long as
necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO
CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO
MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT,
EXCLUDING SUNDAYS AND HOLIDAYS.
TO CANCEL, EMAIL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS
HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY
ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS
RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account
for any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, Company reserves the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to
time. Any and all changes to this Agreement will be posted on the Website and
revisions will be indicated by date. You agree to be bound to any changes to
this Agreement when you use the Company Services after any such modification
becomes effective. Company may also, in its discretion, choose to alert all
users with whom it maintains email information of such modifications by means
of an email to their most recently provided email address. It is therefore
important that you regularly review this Agreement and keep your contact
information current in your account settings to ensure you are informed of
changes. You agree that you will periodically check
the Website for updates to this Agreement and you will read the messages we
send you to inform you of any changes. Modifications to this Agreement
shall be effective after posting.
To Services
Company reserves the right at any time to modify
or discontinue, temporarily or permanently, the Company Services (or any part
thereof) with or without notice. You agree that Company shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Company Services.
Company
reserves the right at any time to modify your Submission Details. These
modifications may include altering Start Time, Duration and the location and
size of Geofence. Any modifications made may be communicated by Company via an
email to you on the email ID provided by you while making your purchase.
DISPUTES
Between Users
If there is a dispute between users of the
Website, or between users and any third party, you understand and agree that
Company is under no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release Company, its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and/or the Company Services.
With Company
A. Governing Law; Jurisdiction. This Agreement
and all aspects of the Website and Company Services shall be governed by and
construed in accordance with the internal laws of the State/Commonwealth of
Karnataka (India), without regard to conflict of law provisions. With respect to any
disputes or claims not subject to informal dispute resolution or arbitration
(as set forth below), you agree not to commence or prosecute any action in
connection therewith other than in the courts located in the State of Karnataka (India), and you hereby consent to, and waive all defenses of
lack of personal jurisdiction and forum non conveniens with respect to, venue
and jurisdiction in such state and federal courts. Application of the
United Nations Convention on Contracts for the International Sale of Goods is
excluded from this Agreement. Additionally, application of the Uniform
Computer Information Transaction Act (UCITA) is excluded from this
Agreement. In no event shall any claim, action or proceeding by you
related in any way to the Website or Company Services be instituted more than
two (2) years after the cause of action arose.
B. Informal Resolution. To expedite
resolution and control the cost of any dispute, controversy or claim related to
this Agreement ("Dispute"), you and Company agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating any arbitration or
court proceeding. Such informal negotiations commence upon written notice from
one person to the other.
C. Restrictions. You and Company agree that any arbitration
shall be limited to the Dispute between Company and you individually. To the
full extent permitted by law, (1) no arbitration shall be joined with any
other; (2) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (3) there is no
right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
D. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject
to the above provisions concerning informal negotiations and binding
arbitration: (1) any Disputes seeking to enforce or protect, or concerning the
validity of any of your or Company’s intellectual property rights; (2) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy or unauthorized use; and (3) any claim for injunctive relief. If this
Section is found to be illegal or unenforceable then neither you nor Company
will elect to arbitrate any Dispute falling within that portion of this Section
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and you and Company agree to submit to the personal jurisdiction of that
court.
CORRECTIONS
Occasionally there may be information on the
Website that contains typographical errors, inaccuracies or omissions that may
relate to service descriptions, pricing, availability, and various other information.
Company reserves the right to correct any errors, inaccuracies or omissions and
to change or update the information at any time, without prior notice.
DISCLAIMERS
Company cannot control the nature of all of the
content available on the Website. By operating the Website, Company does not
represent or imply that Company endorses any blogs, contributions or other
content available on or linked to by the Website, including without limitation
content hosted on third party websites or provided by third party applications,
or that Company believes contributions, blogs or other content to be accurate,
useful or non-harmful. We do not control and are not responsible for unlawful
or otherwise objectionable content you may encounter on the Website or in connection
with any contributions. The Company is not responsible for the conduct, whether
online or offline, of any user of the Website or Company Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND
COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE
PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY
You agree to defend, indemnify and hold Company,
its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from and against, any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of your contributed content, use of the
Company Services, and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth above. Notwithstanding
the foregoing, Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify Company, and you agree to cooperate, at your expense, with Company’s
defense of such claims. Company will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any
notices given to Company shall be given by email to the address listed in the
contact information below. Any notices given to you shall be given to the email
address you provided during the registration process, or such other address as
each party may specify. Notice shall be deemed to be given twenty-four (24)
hours after the email is sent, unless the sending party is notified that the
email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Website will maintain certain data that you
transfer to the Website for the purpose of the performance of the Company
Services, as well as data relating to your use of the Company Services.
Although we perform regular routine backups of data, you are primarily
responsible for all data that you have transferred or that relates to any
activity you have undertaken using the Company Services. You agree that
Company shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against Company arising from any
such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the
ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND
INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL
RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY
SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND
APPLICATIONS. In order to access and retain your electronic records, you may be
required to have certain hardware and software, which are your sole
responsibility.
MISCELLANEOUS
This Agreement constitutes the entire agreement
between you and Company regarding the use of the Company Services. The failure
of Company to exercise or enforce any right or provision of this Agreement
shall not operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or contractual
effect. This Agreement operates to the fullest extent permissible by law. This
Agreement and your account may not be assigned by you without our express
written consent. Company may assign any or all of its rights and obligations to
others at any time. Company shall not be responsible or liable for any loss,
damage, delay or failure to act caused by any cause beyond Company's reasonable
control. If any provision or part of a provision of this Agreement is
unlawful, void or unenforceable, that provision or part of the provision is
deemed severable from this Agreement and does not affect the validity and enforceability
of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and
Company as a result of this Agreement or use of the Website and Company
Services. Upon Company’s request, you will furnish Company any documentation,
substantiation or releases necessary to verify your compliance with this
Agreement. You agree that this Agreement will not be construed against Company
by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of this Agreement and the lack of signing by
the parties hereto to execute this Agreement.
CONTACT US
In
order to resolve a complaint regarding the Company Services or to receive
further information regarding use of the Company Services, please contact
Company as set forth below.
Email: hello@swipestudio.co
Phone: +1 (480) 648-4474
