Terms of Use
Last revised on October 8, 2021
Welcome to Swoovy.com, the service owned by Swoovy Inc. (the "Company" or "Swoovy") for nonprofits to post volunteer events for individuals to find and register for, for single adults to meet each other online by volunteering for philanthropic activities, couples strengthen their relationships by volunteering together, and groups to create a space to connect through volunteering and track impact.
By accessing any Swoovy website, including without limitation swoovy.com and get.swoovy.com, (“Website”) or using or downloading the Swoovy mobile or desktop application (“App”), (collectively, the "Platform") you agree to these Terms of Use (this "Agreement"), whether or not you register as a member of the Swoovy service. This includes but is not limited to the Swoovy online volunteer matching service, various syndication services, marketing emails and text messages, and other related information and services (collectively, the "Service"). Please read these Terms of Use if you want to become a member and/or use our Service. The term "Platform" refers to using the Service via computer, mobile device, or mobile application. "You" means the individual person entering this Agreement on his or her own behalf.
We recommend you also review the Swoovy Privacy Policy which is referenced in this Agreement and available on the Platform. If you do not accept and agree to be bound by all of this Agreement’s terms, including the Swoovy Privacy Policy, do not use the Platform or the Service. Feel free to contact us with any questions regarding this Agreement.
1. Acceptance of Terms of Use Agreement.
a.This Agreement is a contract establishing legally binding terms you must accept to use the Platform, the Service and to become a "Member." For this Agreement, the term "Member" means a person who provides information to the Company on the Platform or to participate in the Service for free or with a paid version. This Agreement includes the Company’s (i) Privacy Policy and (ii) terms disclosed and agreed to by you if you as a subscriber or via additional services, features, and products on the Platform.
b. By accessing the Platform or Service, you automatically accept this Agreement and associated terms, conditions and notices and agree to have this Agreement and associated notices in electronic form. You may print a copy of this Agreement for your records. It may be modified by the Company and those modifications will take effect when published by the Company on the Platform.
c. You automatically agree to receiving this Agreement in electronic form by using the Platform or the Service. You must terminate your account, meaning both your subscription and membership to Swoovy, to withdraw this consent.
2. Potential Eligibility.
To use the Service you must be at least 18 years of age. You must also be single or separated from your spouse to use the Service. Any use of the Service is void where prohibited. By using the Platform or the Service you warrant and represent you have the capacity and authority to enter this Agreement and honor the terms and conditions of this Agreement. You cannot become a Member if you have pled no contest to or been convicted of a violent crime or sex crime, or pled no contest to or been convicted of a felony, or are required to register as a sex offender with any government entity.
3. Membership and Subscription.
Swoovy will eventually utilize a freemium model. Individuals may become a Member today for free. Members may use all of the capabilities of the Service for individual Members for now although in the future that will no longer be the case and you will be required to be a paying subscriber to the Service in order to use certain features of the Service. Couples must subscribe to the Service in order to use Swoovy for Couples. The subscription policies you see when you subscribe to the Service are part of this Agreement. Excluding offers, you accept that if you are (i) not a subscriber, you will not be able to use all the features and services available on the Platform or within the Service, including communicating with other Members, and (ii) a subscriber, non-subscribing Members will not be able to use the Service or the Platform to communicate with you. A Member profile (both subscribers and non-subscribers) may remain posted on the Platform even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, you may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.
4. Term and Termination.
a. This Agreement will remain in full force and effect while you use the Service and/or are a Member.
b. You may cancel your subscription at any time, for any reason, within the Swoovy mobile application by doing the following: log into the Swoovy mobile application, go to the Profile screen, choose to Edit your Profile, then select either “Cancel” to cancel your subscription. You may also cancel your subscription by sending written notice of cancellation to Swoovy at the following email address: teamswoovy@swoovy.com. Upon cancellation, you will maintain subscription benefits until the end of your then-current subscription commitment. Please note that once Swoovy starts charging to receive certain functionality of the Services, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment. If you paid for your subscription using a multi-payment option, you must make all payments even if you cancel your subscription prior to the end of your then existing subscription commitment period.
c. As a subscriber, you have the option of canceling your subscription but not your membership, which means that others may view your profile (unless you hide your profile) and you’ll continue to be a Member. By hiding your profile, other Members cannot view your profile until you "unhide" it. If you cancel your membership, your profile will be removed, and other Members will not be able to view your profile. You can use your current registration information to "unhide" your profile and reactivate your membership for one year. Either way, Members can hide their profile or cancel their membership and remove their profile by accessing your Edit Profile page within the Swoovy mobile application.
d. The Company may suspend or terminate your Service subscription and/or membership in the Service without notice if the Company believes you breached this Agreement via actions including but not limited to non-personal use, participation in prohibited or inappropriate behavior, or breaching your warranties and representations. Upon termination or suspension, you will forego the refunding of unused subscription fees and any unpaid subscription amounts and other fees owed by you will be due immediately. Please note the Company is not required to disclose, and may be prohibited by law from disclosing, the reason(s) for the termination or suspension of your Swoovy account.
e. After subscription or membership termination, the terms of this Agreement will continue other than terms with obligations that have been met or by their nature have expired.
5. Commercial Use is Prohibited.
Swoovy’s Platform and Service is solely for personal use by individuals. Members may not use the Service in any way related to their solicitation of any commercial activities. Except for non-profit philanthropic organizations that have entered into a written agreement with Swoovy that specifies how they may interact with the Service or the Platform, organizations, companies, and/or businesses may not use the Service or the Platform for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Platform or Service, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platform.
6. Your Personal Security.
You are responsible for protecting your account username and password you utilize to access the Platform and Services and are responsible for all activities that occur associated with your username and password. You must immediately notify Swoovy via email at teamswoovy@swoovy.com of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session.
7. Communicating with Swoovy Members.
a. SWOOVY AND ITS PARTNERS MAY OR MAY NOT CONDUCT BACKGROUND CHECKS OR ANY OTHER SCREENINGS ON THEIR MEMBERS OR PARTICIPANTS. YOU ARE FULLY RESPONSIBLE FOR YOUR INTERACTIONS WITH SAID MEMBERS OR PARTICIPANTS. THE COMPANY ALSO DOES NOT ATTEMPT TO VERIFY STATEMENTS OF SAID MEMBERS OR PARTICIPANTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF SAID MEMBERS OR PARTICIPANTS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (INCLUDING SEX OFFENDER REGISTER SEARCHES), AT ANY TIME VIA AVAILABLE PUBLIC RECORDS. CERTAIN PHILANTHROPIC ORGANIZATIONS MAY REQUIRE A CRIMINAL BACKGROUND CHECK OR SCREENING IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN ONE OR MORE OF THEIR ACTIVITIES.
b. The Company is not responsible for the conduct of any Member. As noted in and without limiting other sections of this Agreement, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions, and knowingly assume all risks associated therewith, in all interactions with other Members, particularly if you decide to communicate off the Platform or meet in person, or if you decide to send money to another Member. The Company makes no guarantees regarding your compatibility with individuals you meet through the Service. Please do not share your personal financial information or financial assets with other Members.
8. Intellectual Property Rights.
Excluding certain technologies licensed to the Company by its licensors, Swoovy owns and retains all trademarks, trade names, service marks, patents, copyrights, and other intellectual property rights in and related to the Platform, the Service, and in all content therein. You agree you cannot copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material trademarks, trade names, service marks, patents, or other intellectual property or proprietary information accessible on the Platform or through the Service, without obtaining prior written consent of the Company or, if such property is not owned by the Company, the owner(s) of said proprietary and intellectual property rights. You also agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, patents, and other intellectual property notices.
9. Third Party Content.
Swoovy may distribute and publish content supplied by its customers, partners, and other third parties ("Third Party Content"). Swoovy has no editorial control over such Third Party Content and takes no responsibility for such Content. All information expressed or made available by third parties as part of the Third Party Content, are those of the respective author(s) or distributor(s) of that information, not Swoovy. We do not endorse or claim the accuracy of any Third Party Content related to the Services created by anyone. We may monitor and review Third Party Content on the Services and Content (as defined below) associated with your account to assess compliance with this Agreement and any other rules we establish, to satisfy regulations, laws, government requests, or for any other purposes. You acknowledge and understand we do not monitor Third Party Content for accuracy or reliability. You agree by using the Platform and Services, which include maps provided by Google, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).
10. Content You Submit.
a. You are completely responsible for any content and information you upload, publish, post, publish, link to, record, display or otherwise make available (hereinafter, "Post") on the Service or transmit to Members. This includes, without limitation, photos, videos, messages, other recordings or text, which are publicly posted or privately transmitted (collectively, "Content"). You cannot post on the Platform or as part of the Service, or provide to the Company or any Member, false, offensive, abusive, obscene, profane, sexual, threatening, rude, vulgar, sexist, or illegal material, or any material that infringes or violates another person’s rights including intellectual property rights, and privacy and publicity rights. You hereby represent and warrant that all information that you submit upon registration is accurate and you will promptly update any information provided by you that becomes inaccurate.
b. You understand and agree that the Company may review Content you post on the Platform or as part of a Service. The Company can remove any Content that the Company believes violates this Agreement.
c. By posting Content on the Platform or as part of the Service, you grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sub-licenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
d. In addition to the categories of Content noted above at the beginning of this section, you may not post, upload, display or otherwise make available Content (either on or off the Platform) that:
promotes harassment, hatred, bigotry, or harm against anyone or any entity;
impersonates any person, entity or relationship;
requests money from any users of the Platform or Service;
involves "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
promotes misleading or false information, illegal activities or objectionable behavior;
promotes an illegal or unauthorized copy of a person’s or entity’s copyrighted work
contains images, audio or video of another person without their permission (or their legal guardian);
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or other illegal manner or information related to a minor;
provides instructional information about illegal activities;
contains harmful codes, components or devices;
illegally shares information;
solicits or shares passwords or personal identifying information for commercial or unlawful purposes; or
publicizes or promotes commercial activities or events without our prior written consent Swoovy reserves its sole right to investigate and take appropriate legal action against anyone violating this provision, including removing the offending Content from the Platform or Service and terminating or suspending the membership of said violators.
e. Your use of the Platform and Service must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Platform in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
f. You cannot post any telephone numbers, street, URL or email addresses, or last names, in your Member profile viewable by other Members. You also agree any Content you place on the Platform to be viewed by other Members may be viewed by any person visiting the Platform or participating in the Service.
11. Prohibited Activities.
Swoovy reserves the right to investigate and/or terminate your membership if you have misused the Platform or the Service or behaved in a way the Company regards as unlawful or inappropriate. The following, in addition to the actions prohibited above, includes actions you cannot perform with respect to the Service or Platform, including:
a.impersonate or misrepresent any person or entity.
b. solicit assets from any Members.
c. ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
d. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Platform, Service or its contents.
e. collect usernames and/or email addresses of members to utilize them outside the guidelines of this Agreement.
f. interfere with or disrupt the Service or the Platform.
g. Attempt to imitate or disguise the origin of any information or capabilities of the Platform or Service.
h. attempt to direct any person to any other website for any purpose.
i. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Platform or any software used on or for the Service or the Platform, or cause others to do so.
j. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Platform or the Service other than solely in connection with your use of the Platform or the Service in accordance with this Agreement.
12. Customer Service.
Swoovy Customer Service (email address: teamswoovy@swoovy.com) provides Swoovy customers with assistance. You agree to interact with Swoovy Customer Service in an appropriate manner. Swoovy Customer Service calls may be recorded for quality assurance purposes. If we believe your behavior towards any of our customer care representatives or other employees is threatening or offensive, we reserve the right to immediately terminate your subscription and membership and you will not receive a refund of any unused subscription fees.
13. Purchases and Subscription Details.
a. At such time that the Company charges Members for use of one or more features of the Service, you will have the opportunity to purchase products and services from the Company. The Company may offer products and services for purchase through iTunes, Google Play or other external services authorized by the Company (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). The Company may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
b. External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel. By using an External Service, you agree to comply with any applicable terms, conditions or requirements promulgated by such External Service. When making a purchase in the App, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time. If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. To cancel a subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device.
c. Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel. If you make an Internal Purchase, he Company will bill you through an online account (your "Billing Account") for use of these features of the Service and You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize the Company to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 13 includes any agreements you made with the Company on the Platform when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately. In such event, if the Company successfully disputes the reversal, and the reversed funds are returned, you will not entitled to a refund or to have your account or subscription reinstated.
d. Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to "Account Settings" on the Platform and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Method (once the Company institutes charges to use one or more features of the Service) and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if the Company does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
e. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "Account Settings" on the Platform. If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Platform or Service when automatically renewing your account, as set forth in this Section 13.
f. Boosted Posts and Other Transactional Features. From time to time, you may be able to purchase, a limited, personal, non-transferable, non-sublicensable, revocable license to use “transactional features,” including but not limited to Boosted Posts (collectively, “Transactional Features”). You may only purchase Transactional Features from us or our authorized partners through our Services. Transactional Features represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Transactional Features is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Transactional Features. Any Transactional Feature balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Transactional Features do not incur fees for non-use, however, the license granted to you in Transactional Features will terminate in accordance with the terms of this Agreement, when the Company ceases providing the Service or your account is otherwise closed or terminated. The Company, in its sole discretion, reserves the right to charge fees for the right to access or use Transactional Features and/ or may distribute Transactional Features with or without charge. The Company may manage, regulate, control, modify or eliminate Transactional Features at any time. The Company shall have no liability to you or any third party in the event that the Company exercises any such rights. Transactional Features may only be redeemed through the Service. The provision of Transactional Features for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Transactional Features. ALL PURCHASES AND REDEMPTIONS OF TRANSACTIONAL FEATURES MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED TRANSACTIONAL FEATURES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
g. REFUNDS. Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
Purchases of Transactional Features are FINAL AND NON-REFUNDABLE.
If any of the above apply to you and you subscribed using your Apple or Google ID, your refund requests are handled by Apple or Google, not the Company. To request a refund, please contact your External Service directly.
For any other purchase, please contact Swoovy Customer Service with your order number (see your confirmation email) by emailing a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address and telephone number associated with your account. This notice shall be emailed to: teamswoovy@swoovy.com.
h. RENEWALS.
IN ORDER TO PROVIDE CONTINUOUS SERVICE, THE COMPANY AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION, UPON CONFIRMATION OF PURCHASE, AND IF APPLICABLE IN YOUR JURISDICTION, IN AN EMAIL REMINDER AT LEAST 30 DAYS PRIOR TO THE EFFECTIVE RENEWAL DATE. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE THE COMPANY TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER RELATED TAXES TO WHICH YOUR SUBSCRIPTION MAY BE SUBJECT AND WHICH MAY VARY FROM TIME TO TIME. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT HERINABOVE ABOVE.
14. Service Changes.
The Company can change, suspend or end the Platform or the Service (or any part thereof) with or without notice. The Company also reserves the right to block users from specific internet protocol (IP) addresses from accessing the Platform or Service.
15. Digital Millennium Copyright Act Compliance; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any third-party copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service or the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Platform (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
d. your address, telephone number and email address;
e. 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
f. 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.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent by submitting a form here.
The Company will terminate the accounts of repeat infringers.
16.Emails, Text Messages and Test Data.
As a member you agree to receive email messages from Swoovy which can address a wide range of areas including but not limited to user communications, transactions, service updates, promotions, test data, and announcements.
If You opt in to text messages, you will receive messages from Swoovy which include transactional messages and recurring autodialed SMS/MMS advertising or marketing messages. No purchase is required. By affirmatively signing up for Swoovy’s text messages (including when you opt-in or text YES to authorize text messages), you expressly consent to recurring autodialed SMS/MMS marketing messages from Swoovy. Your consent includes authorization for Swoovy to deliver advertising messages using an autodialer or other automated technology, and you acknowledge that your consent is not in any way required as a condition of making a purchase or using Swoovy. You also consent to receive disclosures electronically and agree that you intend your electronic acceptance to be a valid signature on this Agreement. There is no charge from Swoovy but your text messaging and data charges may apply. You may opt out through the Service or through the mechanism in the Swoovy Privacy Policy. Swoovy will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Additional terms and conditions applicable to this Service are contained in this Agreement, to the extent allowed by law, including but not limited to the disclaimer of warranties, limitation of liability and an arbitration clause that limits your pursuit of a class action lawsuit.
Please review Swoovy’s Privacy Policy for more information regarding these communications.
17. Disclaimers.
a. You acknowledge and agree that neither the Company nor its affiliates or third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Platform or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the Platform or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members’ or to any other person's computer or mobile device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE PLATFORM AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE PLATFORM (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE PLATFORM OR IN THE SERVICE WILL BE CORRECTED.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR THE PLATFORM IS ACCESSED BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR THE PLATFORM.
c. From time to time, the Company may make third-party opinions, advice, statements, offers, or other third party information or content available on the Platform and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE PLATFORM OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE PLATFORM OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
d. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Platform or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
18. Swoovy and Third Party Links.
The Platform may contain, and the Service or third-parties may provide, items offered by third-parties and links to other web locations. You agree Swoovy is not responsible for external web locations, and does not endorse and is not responsible for any related information from or your interactions with other web locations. You agree that Swoovy shall not be responsible or liable in any way for loss or damage, actual or potential, associated with such third-parties.
19. Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE 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 THE COMPANY FOR THE SERVICE OR THE PLATFORM DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
20. Responsibility Related to Third Parties.
If you are using the Service to find volunteer opportunities, your correspondence and/or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the Services ("Volunteer Organization"), including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between you and the Volunteer Organization you choose to deal with. YOU AGREE THAT SWOOVY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE PLATFORM OR THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST SWOOVY ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER ORGANIZATION OR ANY OTHER THIRD PARTY.
21. Arbitration and Governing Law.
a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement(including any alleged breach thereof), the Service, or the Platform shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
b. By using the Platform or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Travis County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
22. Indemnity by You.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Platform or as a result of the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
23. Notice.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable digital means assuming you access the Service in an authorized manner.
24. Our Entire Agreement with You.
This Agreement, along with any additional terms upon purchase, any other separately posted rules or guidelines or other communications related to the Platform or the Service, represent the complete agreement between you and the Company regarding the use of the Platform and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.
25. Subject to Change at Any Time.
This Agreement is subject to change by the Company at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Platform and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription as contemplated above. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
26. Special State Terms.
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio Rhode Island, and Wisconsin:
You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, e-mail or fax a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: teamswoovy@swoovy.com (please include the subject line Swoovy, Attn: Cancellations). Please also include your Swoovy username and email address in any correspondence or your refund may be delayed. If you cancel, Swoovy will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Swoovy) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.
For subscribers residing in New York:
The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like;
Upon notice in writing and delivered to teamswoovy@swoovy.com or (please include the subject line Swoovy, Attn: Subscription Hold), subscribers may place their subscription on hold for up to one year;
How your information is used and how you may access your information is set forth in the Swoovy Privacy Policy;
You may review the New York Dating Service Consumer Bill of Rights here;
For subscribers residing in North Carolina:
You may review the North Carolina Buyer’s Rights here.
For subscribers residing in Illinois, New York, North Carolina, and Ohio :
Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us in writing delivered to teamswoovy@swoovy.com or PO Box 161831, Austin, TX 78716 (please include the subject line Swoovy, Attn: Refund), and we will work with you to provide alternative services or a refund.
END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, ACCESSING OR USING ANY SWOOVY PRODUCT(S) FOR APPLE-BRANDED PRODUCTS RUNNING THE IOS OPERATING SYSTEM (“IOS PRODUCTS”) OR ANDROID BASED PRODUCTS (“ANDROID PRODUCTS”) (“SWOOVY PRODUCT(S)”), YOU AGREE TO USE SUCH SWOOVY PRODUCT(S) SOLELY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”), AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THIS AGREEMENT. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS.
YOUR USE OF SWOOVY PRODUCT(S) IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANYTHING IN SWOOVY TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT DOWNLOAD, INSTALL, ACCESS OR USE SWOOVY PRODUCT(S).
The terms of your agreement with your mobile carrier apply to your relationship between you and your mobile carrier.
Swoovy Products are licensed, not sold, to You for use only under the terms of this license, unless a Swoovy Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor, Swoovy Inc., (“Swoovy”) and its licensors reserve all rights not expressly granted to You. The Swoovy Product that is subject to this license is referred to in this license agreement as the “Licensed Application.”
This Agreement is made between you and Swoovy (the “Parties”). Neither Apple Inc. nor any subsidiary or affiliate of Apple Inc. (collectively and individually referenced in this Agreement as "Apple") is a party to this Agreement. Except as specifically provided in Section A, this Agreement does not confer any enforceable rights or remedies upon any person other than the Parties. The Parties acknowledge that this Agreement is concluded between themselves only, and not with Apple, and Company, not Apple, is solely responsible for the Licensed Application and the content thereof.
A. Scope of License. This license granted to You for the Licensed Application by Swoovy is limited to a non-transferable license to use the Licensed Application on any iPhone, iPad, iPod touch, Android devices or other devices that You own or control and as permitted by the Usage Rules of the Apple App Store or Android App Stores Terms and Conditions (the “Usage Rules”. Available at available at http://www.apple.com/legal/itunes/appstore/us/terms.html). This license does not allow You to use the Licensed Application on any iPod touch, iPad, iPhone, Android devices or other device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Swoovy and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Swoovy that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. In order to use the Products, You may be required to upgrade to the latest mobile application version. Swoovy may notify You via email or other mechanisms describing the applicable upgrade. The Parties acknowledge and agree that Swoovy’s licensors and Apple are the intended third party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, have the express right to rely upon and directly enforce the terms of this Agreement against you as a third party beneficiary hereof. There are no implied licenses granted by Swoovy under this Agreement. Except as specified above, you shall have no rights to the Licensed Application.
B. Use Restrictions. You, directly or indirectly, alone or with any other party, may not:
(i) modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Licensed Application, or remove proprietary legends in the Licensed Application.
(ii) distribute, transfer, resell, rent, lease, or loan the Licensed Application to any other party, except as described above.
(iii) make the Licensed Application available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use.
(iv) transfer the Licensed Application to any third party for outsourcing or any other purpose without the express prior written consent of Swoovy.
(v) Remove or modify the source code responsible for displaying the Swoovy branding that links back to http://www.Swoovy.com as part of rendered pages. Furthermore, when the Licensed Application is being used in a website or application, the Swoovy branding must stay fully visible and not visually overlapped by other elements.
(vi) Disable, modify or restrict Swoovy’s access to usage statistics.
C. Ownership. You acknowledge and agree that the Licensed Application belongs to Swoovy or its Licensors. You agree that you neither own nor hereby acquire any claim or right of ownership to the Licensed Application or to any related patents, copyrights, trademarks or other intellectual property. Swoovy and its Licensors retain all right, title and interest in and to all copies of the Licensed Application at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. The Licensed Application is protected by copyright and other intellectual property laws and by international treaties. You may not make any copies of the Licensed Application except for your own personal use. Any and all other copies of the Licensed Application made by you are in violation of this license. All content accessed through the Licensed Application is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content. All trademarks used in connection with the Licensed Application are owned by Swoovy, its affiliates and/or its Licensors and other suppliers, and no license to use any such trademarks is provided hereunder. All suggestions or feedback provided by you to Swoovy with respect to the Software shall be Swoovy’s property and deemed confidential information of Swoovy. You and Swoovy acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Swoovy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property claim.
D. Support. This Agreement does not entitle you to receive from Swoovy, its Licensors, or Apple hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the Licensed Application. The Parties acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application. Swoovy may, in its sole discretion, provide to You updates to the Licensed Application.
E. Consent to Use of Data; Moderation. You agree that Swoovy may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Swoovy will own and retain all rights to user-contributed content and data captured through the Licensed Application. Swoovy may use this information to improve its products, to provide services or technologies to You, or for any other lawful purpose. In addition, Swoovy Privacy Policy located at www.swoovy.com/privacy shall govern the disclosure of personal information.
Ratings and Reviews, both positive and negative, will be displayed without censor. However, You agree to acceptable usage guidelines as outlined herein. Swoovy retains the right to moderate reviews that violate acceptable usage guidelines. Moderated reviews are not deleted from Swoovy’s database, but they are hidden from display to all web site visitors except the review author. Authors will be notified that their review has been moderated by a message adjacent to their review.
F. Termination. The license is effective until terminated by You or Swoovy. The license may be terminated upon notice by either party. Your rights under this license will terminate automatically without notice from Swoovy if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
G. Services; Third-Party Materials. The Licensed Application may enable access to Swoovy’s and third-party services and web sites (collectively and individually, "Services"). Services; Third-Party Materials. The Software may enable access to Company’s and third-party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms and conditions, including the Terms of Use Agreement available at http://www.swoovy.com/terms-of-use.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Swoovy shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party web sites. By using the Services, You acknowledge and agree that Swoovy is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. Swoovy does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third-Party Materials or web sites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Swoovy, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services which contain proprietary content, information and material is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Swoovy is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, Third-Party Services and Third-Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPod touch, iPad, Android devices or other device, are not available in all languages or in all countries. Swoovy makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Swoovy, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Swoovy be liable for the removal of or disabling of access to any such Services. Swoovy may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
H. Product Claims. The Parties acknowledge that Swoovy, not Apple, is responsible for addressing any claims made by you or third parties relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
I. Restrictions. To prevent abuse of the Licensed Application, all postings by You must: (a) never harass, threaten or cause distress, unwanted attention or discomfort to a person or entity; (b) not contain or transmit sexually explicit images or other content that is offensive; (c) not contain or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party; (d) not impersonate any person, including but not limited to, an information provider, or communicate under a false name or a name not entitled or authorized to use; and (e) not violate (intentionally or unintentionally) any applicable local, state, national or international law, including but not limited to any regulations having the force of law.
J. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SWOOVY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SWOOVY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SWOOVY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
K. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SWOOVY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SWOOVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SWOOVY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
L. ASSUMPTION OF RISK. YOU hereby assume all risks associated with the use of the LICENSED APPLICATION AND SERVICES, including all risks of personal injury or property damage. YOU HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE SWOOVY, ANY EMPLOYEES OR OFFICERS OF SWOOVY, AND ANY INDIVIDUALS ASSOCIATED WITH SWOOVY OR THE LICENSED APPLICATION AND SERVICES (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE LICENSED APPLICATION OR SERVICES.YOU FURTHER AGREE TO DEFEND, INDEMNIFY, SAVE, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY YOUR ACTIONS, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING THE USE OF THE LICENSED APPLICATION AND SERVICES.
M. Injunctive Relief. You acknowledge and agree that your breach or threatened breach of this Agreement shall cause Swoovy irreparable damage for which recovery of money damages would be inadequate and that Swoovy therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
N. Export Compliance. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
O. US Government Use. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
P. Governing Law. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Notwithstanding the foregoing, the Arbitration Agreement in Section Q above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Q. Arbitration Agreement. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Licensed Application in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Swoovy. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Licensed Application.
All claims arising out of or relating to this Agreement, to the Services, or to your relationship with Swoovy that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Travis County, Austin, Texas, U.S.A. You and Swoovy consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
Q. General. This Agreement along with the terms of service available at www.swoovy.com/terms-of-service shall constitute the entire agreement between the Parties regarding the subject matter hereof and by acknowledging this license you also acknowledge the obligations in such terms of service. The Parties agree that this license cannot be altered, amended or modified by You, except by a writing signed by Swoovy. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. You shall not assign or transfer this license without the prior written consent of Swoovy Any attempt to assign or transfer this license by You shall be void. Each provision of this license is a separately enforceable provision. If any provision of this license is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this license to remain in effect in accordance with its terms as modified by such reformation.
R. User Outside the U.S. If you are using the Licensed Application outside the U.S.A., then the following shall apply: (a) You confirm that this Agreement and all related documentation is and will be in the English language; (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Licensed Application or any services accessed or used in connection with the Software and Documentation, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
Please contact us with any questions by emailing teamswoovy@swoovy.com. Swoovy is a trademark of Swoovy Inc.