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
2.3 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
3.2 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
make Services available to anyone else through your account;
sell, trade or otherwise transfer your account to any third party.
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;
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;
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)
access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services;
attempt to gain unauthorized access to the Services or its related systems or networks; or
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.
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
6.2 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.
7.1 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.
8. Warranty Disclaimer
10. Limitation of liability
11. Governing law and jurisdiction
12. Other provisions
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 …..