About | Terms and Conditions | Privacy Policy

TERMS OF USE

The terms and conditions set out in this terms of use (“Terms of Use”) governs your use of services provided by Creator Development LLC (“We” “us”) and your use of our SWAPPIE application (the “SWAPPIE”). The individual or legal entity accessing or using SWAPPIE is referred as “you” or “user” or similar means.

 

If you are accessing and using SWAPPIE on behalf of a legal entity, you shall represent and warrant that you have the authority to bind that legal entity to these Terms of Use.

 

This Terms of Use should be read in conjunction with our Privacy Policy.

 

By using or accessing SWAPPIE, you give your irrevocable consent and agree to this Terms of Use, as updated from time to time. If you do not unconditionally accept this Terms of Use in their entirety, you shall not (and shall have no right to) access or use SWAPPIE. If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms.

 

We reserve the right, at any time, to update and change any or all provisions of this Terms of Use in our sole discretion. If we do so, we will notify our users by email or other means of electronic communication of any changes that in our sole discretion is material to this Terms of Use. By continuing to use SWAPPIE after any such modifications, you accept and agree to such modifications. You are responsible for regularly reviewing the most current version of this Terms of Use, which are currently available at ….

 

1. Definitions

 

1.1 “Customer Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to us by or on your behalf in relation to the use of the Services.

 

1.2 “Services” means services provided to you by us via SWAPPIE but excluding Third-Party Services.

 

1.3 “Supported Platform(s)” means the social networking site(s) currently supported by the Services and available through SWAPPIE, including but not limited to Twitter, Facebook, LinkedIn, Instagram, and other social networking sites as described in the SWAPPIE application.

 

1.4 “Third-Party Services” means products, services, applications, or websites made available by third parties through the Services.

 

2. Provision of Services

 

2.1 Subject to this Terms of Use we grant you the right to use our Services for your personal or internal business purposes. If you intend to use our Services you shall set up an account and agree to this Terms of Use and shall comply with the provisions (modified provisions) set out herein throughout the term of using our Services.

 

2.2 You hereby acknowledge that we grant you a non-exclusive right to use our Services and that nothing in this Terms of Use will be interpreted or construed to prohibit or in any way restrict our right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.

 

2.3 You acknowledge that from time to time we may apply updates to SWAPPIE and that such updates may result in changes in the appearance and/or functionality of SWAPPIE (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, we shall provide, implement, configure, install, support, and maintain at our own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to SWAPPIE (“Updates”)

 

2.4 You hereby acknowledge that when providing our Services, SWAPPIE is interoperating with several social media platforms (“Supported Platforms”) and that the operation of SWAPPIE is highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available we may cease to provide such features to you without entitling you to any kind of compensation.

 

3. Acceptable use of Services

 

3.1 You are obliged to use Services at all times in accordance with applicable laws, government regulations and this Terms of Use, furthermore comply in all respects with all applicable terms of Third Party Services that you access in connection with our Services, including the applicable terms of Supported Platforms.

 

3.2 When creating your account you undertake not to provide any false personal information or create an account for anyone other than yourself without permission. You shall not use SWAPPIE if you are under the age of 13.

 

3.3 You hereby acknowledge that you shall be solely responsible and liable for all activity conducted through your SWAPPIE account in connection with the Services and for the accuracy, quality, integrity, and legality of Customer Content and of the means by which you acquired or generated Customer Content via SWAPPIE.

 

3.4 You shall use all commercially reasonable efforts to prevent unauthorized access to or use of the Services, including but not limited to preventing unauthorized access to your account or to the use SWAPPIE on your behalf, keeping you password and user name confidential and secure and not permitting any third party to access or use your user name, password, or SWAPPIE account. You shall promptly notify us if you become aware of any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any other user’s) user name, password, or account information.

 

3.5 You must not

  1. make Services available to anyone else through your account;

  2. sell, trade or otherwise transfer your account to any third party.

  3. use the Services to store or transmit any content, including Customer Content via SWAPPIE that may be infringing, defamatory, threatening, harmful, obscene, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in our opinion. or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law;

  4. upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component;

  5. attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law)

  6. access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services;

  7. attempt to gain unauthorized access to the Services or its related systems or networks; or

  8. authorize, permit, or encourage any third party to do any of the above.

 

4. Customer Content

 

4.1 For all Customer Content you post or transmit on either Supported Platforms via SWAPPIE you hereby give us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to access, use, reproduce, distribute, transmit, format, display, store, archive or otherwise process for the purpose of supporting your use of the Services and provision of our Services.

 

4.2 You represent and warrant that you own or have the necessary licenses, rights, consents, permissions and releases to post or transmit the Customer Content and information you upload and transmit when using our Services.

 

4.3 You shall not post unauthorized commercial communications, not collect other users' content or information, access other users’ account, post contents that breaches any legal regulations or use our Services for any other unlawful means, violate any legal regulations or any of our terms and policies, the terms and policies of Third Party Services and Supported Platforms or encourage others to take any of these actions.

 

4.4 You hereby acknowledge that you are solely liable and responsible for all Customer Content you store, transmit, upload, publish, link, display or otherwise make available via using our Services and you agree and acknowledge that we are only acting as a passive conduit for the distribution and publication of all Customer Content.

 

4.5 We will not review, share, distribute or reference any Customer Content except as provided in our Privacy Policy or required by law. However, we reserve the right to remove any Customer Content uploaded that may infringe or breach any of our rights, any rights of other third parties, provisions of this Terms of Use or any other relevant legal regulations.

 

 

5. Third Party Services

 

5.1 You acknowledge that SWAPPIE enables or assists you to access, interact with, and/or use Third Party Services from Supported Platforms and other third parties. When you access such Supported Platforms and use such Third Party Services you will do so at your own risk. These Third-Party Services may also allow you to store your Customer Content with the provider or operator of the Third-Party Services. Any use of Third Party Services or other third parties is governed solely by the terms and conditions of such third party and you shall comply with such terms and conditions as well.

 

5.2 You hereby acknowledge that any contract entered into, or any transaction completed via any Third Party Services or other third parties when using SWAPPIE, is between you and the relevant third party, and not you and us. We makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or any correspondence with any Third Party Services or any transactions completed and any contract entered into via such third party.

 

6. IP Rights

 

6.1 You hereby acknowledge that SWAPPIE is subject to copyright and other intellectual property rights owned by Creator Development LLC. We retain all right, title, and interest in and to the Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of our rights or interests therein or any other intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, whether tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Terms of Use are reserved by us.

 

6.2 You may from time to time provide suggestions, comments or other feedback to us about our Services. Such feedbacks, even if designated confidential by you, shall not create any confidentiality obligation for us notwithstanding anything else. You shall acknowledge that we may use your feedback or suggestions without any obligation to compensate you for them. For this purpose you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

 

7. Termination

 

7.1 We reserve our right to suspend or terminate access and/or use of our Services in our own discretion in case of harmful, unlawful or abusive use. We will use commercially reasonable efforts to notify you by email or at the next time you attempt to access your account.

 

7.2 You may also delete your account or disable your application at any time. Cancellation of your SWAPPIE account will not effect your accounts existing at either Supported Platforms.

 

7.3 Upon termination due to any reason, you will immediately cease all use of the Services and you will have no further access to your account.

 

7.4 Any provision of this Terms of Use which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination.

 

8. Warranty Disclaimer

 

Except as expressly provided herein, to the greatest extent permitted by applicable law, we expressly exclude and disclaim all warranties of any kind, whether express, implied, statutory, or otherwise. Without limiting the generality of the foregoing, we specifically disclaim all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality, and noninfringement, that the services will meet your requirements, or that the services will always be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free. In addition, we do not warrant any connection to or transmission from the internet. No advice or information, whether oral or written, obtained from us or elsewhere, will create any warranty or condition not expressly stated in this terms of use. Except as expressly provided herein, the services are provided on an “as is” and “as available” basis. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy provided herein. We disclaim any and all responsibility or liability in relation to the content made available through the services, including but not limited to the customer content, or any content or services provided by third parties. We do not control or vet customer content and we are not responsible for what users post, transmit, or share on or through the services. We are not responsible or liable in any manner for any third-party services or supported platforms associated with or utilized in connection with the services, including the failure of any such third-party services or supported platforms. We expressly deny any responsibility resulting from hacking, tampering, or other unauthorized access or use of the services or your account or the information contained therein. If you are dissatisfied or harmed by our services or anything related to our services, you may cancel your SWAPPIE account and terminate the using of our services in accordance with the provision of this terms of use, as applicable, and such termination shall be your sole and exclusive remedy (and our sole and exclusive liability).

 

9. Indemnification

 

9.1 You shall defend, indemnify, and hold us and our affiliates, directors, officers, employees, and agents harmless from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature which are in connection with or arising out of a claim (a) alleging that the Customer Content or your use of the Services infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable law; (b) relating to, or arising from, Customer Content, or your breach of this Terms of Use or (c) relating to, or arising from, Third-Party Services.

 

10. Limitation of liability

 

To the maximum extent permitted by law, in no event shall our aggregate liability for all claims of any kind, including any claims arising out of or related to this terms of use, whether by statute, contract, tort, or under any other theory of liability, will not exceed $50. We do not offer any warranty or remedies for the interruption or cessation of access or transmission to or from the services.

To the maximum extent permitted by applicable law, in no event shall we, our directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill use, or data or other intangible losses, that result from the use of, or inability to use, the services or any other aspect of this terms of use. Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the services or your account or the information contained therein.

The parties acknowledge and agree that the essential purpose of this section is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under this terms of use, which would have been substantially higher if we were to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into these terms.

 

11. Governing law and jurisdiction

 

11.1 This Terms and Use and the matters not regulated therein, shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws of the State of Delaware without regard to its conflict of law provisions. All disputes as well as any claims, procedures that might arise between you and us in relation to this Terms of Use and/or the use of Services shall be resolved by the courts of Delaware. In any action or proceeding to enforce rights under this Terms of Use, the prevailing party shall be entitled to recover costs and attorneys’ fees.

 

12. Other provisions

 

12.1 This Terms of Use together with our Privacy Policy constitutes the entire agreement between you and Creator Development LLC with respect to the use of the Services and supersede any prior or inconsistent agreements, negotiations, representations, and promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns.

 

12.2 Each provision of this Terms of Use is severable. If any provision of this Terms of Use is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of this Terms of Use or of that provision in any other jurisdiction.

 

12.3 You shall not assign or transfer any of your rights or obligations under this Terms of Use to anyone else by any means without our prior written consent. Any attempt of assigning or transferring your rights and obligations without our prior written consent shall be deemed null and void. We are free to assign, transfer or delegate our rights and obligations under this Terms of Use fully or partially without any prior notice.

 

12.4 No waiver of any provision of this Terms of Use is binding unless it is in writing and signed by all parties, except that any provision which does not give rights or benefits to particular parties may be waived in writing, signed only by those parties who have rights under, or hold the benefit of, the provision being waived if those parties promptly send a copy of the executed waiver to all other parties. No failure to exercise, and no delay in exercising, any right or remedy under this Terms of Use will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this Terms of Use will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.

 

12.5 For purposes of service messages and notices about the Services, we may send notices by email to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you through your SWAPPIE account or through other means including email, mobile number, telephone, or delivery services including the postal service about your SWAPPIE account or services associated with us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You may provide legal notice to us via email with a duplicate copy sent via registered mail to …..


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