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Terms of use

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING OR ACCESSING THE WEBSITE.

 

By clicking the “accept” or “ok” button, or connecting to, accessing or using our website (the “Website”) you expressly acknowledge and agree that you (“you” or “User”), are entering into a legal agreement with SWFT Technologies Ltd., TSN Tech Limited and its affiliates (collectively, “Swifter”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions set below (the “Terms”) and with all applicable laws and regulations regarding your use of the Website. If you do not agree to comply with and be bound by these Terms, please do not accept these Terms or access or use the Website.

Changes to these terms

By accessing and using the Website, you hereby represent that you possess the legal capacity and authority to be bound by these Terms (directly or on behalf of your organization) and to form a binding agreement under any applicable law, to use the Website in accordance with these Terms. Subject to your compliance with these Terms, you may access the Website in order to review the Company’s product and services. You can use the Website for your own internal purposes and you shall be solely responsible for such use. The Terms do not grant you or any other party any right, title or interest in the Website or any content included herein. To the extent you shall disagree to these Terms at any point, please refrain from entering and/or using the Website.

1. Acceptance and eligibility

We take every care and precaution to ensure that content published on our Website is accurate when posted and regularly updated, but we do not guarantee, nor can we be held liable for, its accuracy or timeliness. Whilst we reserve the right to change the content on our Website at any time with or without notice, we are under no obligation to update it. As such, please note that any content on our Website may be out of date at any given time. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

2. Changes to the website

Swifter is entitled, on its sole discretion, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: modify or discontinue the Website; modify or remove any of the information contained in the Website; limit the Website's availability to any person, geographic area, or jurisdiction; charge fees in connection with the use of the Website; and offer opportunities to some and all users of the Website. Swifter is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes. Unless Swifter shall be required by applicable law, we are not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Website and/or any products or services promoted by the Website (even if they were previously awarded or purchased). You agree that Swifter shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part. Your continued use of the Website after such changes will indicate your acceptance of such changes in the Website or the Terms.

3. Restrictions

You may not, and you may not have or encourage or other person or entity to, directly or indirectly:

  • give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, transfer or distribute any portion of the Website or access to the Website to any third party without our written permission

  • access without authorization, attempt to gain unauthorized access, or probe, scan or test the vulnerability of the Website, or other computer systems or networks connected to the Website or circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Website;

  • reverse engineer, decompile or disassemble the Website or any components thereof, or modify, translate, patch, alter, or change or create derivative works based upon the Website, or any part thereof;

  • use any robot, spider, scraper, any search or retrieval application, or other manual or automatic device, process or method to access the Website and retrieve, index or data-mine or other automated means to access the Website for any purpose, or use such tools to harvest, post, solicit or collect personally identifiable information about other users without their express consent;

  • impose or take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on our or our third-party service providers’ infrastructure;

  • intentionally interfere or attempt to interfere with the integrity or proper working of the Website, or use it in an illegal manner or encourage or promote any illegal activity;

  • use or access the Website to develop a competing service or product;

  • attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website; or interfere with the ability of others to enjoy using the Website, including by disrupting, overburdening or aiding the disruption or overburdening of the Website servers, or by taking actions that interfere with or materially increase the cost to us of providing the Website for the enjoyment of all its users;

  • use the Website or engage with other users in any manner that violates any relevant law or that infringes, misappropriates or violates Swifter and/or any third party’s rights, including, but not limited to, transmitting any content that may infringe, misappropriate or violate Swifter and/or third party’s rights of publicity, contractual rights, fiduciary rights, privacy or intellectual property rights.

4. Privacy policy

Swifter may use personal information that we may collect or obtain in connection with your access to the Website in accordance with our Privacy Policy and you agree that we may do so. We encourage you to read our privacy policy, available at https://swifter.io/privacy-policy, which describes how we use such information.

5. Intellectual property rights

5.1.  The Website and any content and intellectual property rights included therein (including, but not limited to, characters, stories, designs, concepts, graphics, text, pictures, sound, music, audio-visual effects, methods of operations, upgrades, updates, enhancements, improvements, modifications, derivative works) and any and all intellectual property rights pertaining thereto, whether or not registered or capable of being registered (collectively, “Intellectual Property”) are owned by and/or licensed to Swifter. All rights not expressly granted to you hereunder are reserved by Swifter and its licensors. These Terms do not convey to you an interest in or to the Swifter’s Intellectual Property but only a limited revocable right of use the Website in accordance with these Terms. Nothing in these Terms constitutes a waiver of Swifter’s Intellectual Property under any law.

5.2. You shall not, nor shall you cause any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose (other than for using the Website pursuant to these Terms) or otherwise exploit any of the Intellectual Property without Swifter’s explicit, prior written permission.

5.3.  Swifter’s marks and logos and all other proprietary identifiers used by Swifter in connection with these Terms (“Swifter Trademarks”) are all trademarks and/or trade names of Swifter, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to Swifter Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

6. Feedback

To the extent you provide any feedback, comments and/or suggestions to Swifter regarding the Website and/or any of Swifter’s products, applications and/or services (collectively, “Feedback”), you hereby grant Swifter a worldwide, non-exclusive, sublicensable (including in unlimited tiers), transferable, perpetual, irrevocable, royalty-free, and fully paid license to use, modify, distribute, create derivative works of, publicly display and perform, broadcast, sell, make, import, export, and otherwise fully exploit such Feedback, for any use and purpose whatsoever. You hereby represent you are free to provide Swifter with Feedback and that you shall not provide Feedback that infringes upon third parties' intellectual property rights. It is further understood that use of Feedback, if any, may be made by Swifter at its sole discretion, and that Swifter in no way shall be obliged to make use of any kind of the Feedback or part thereof. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback, shall belong exclusively to us. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Swifter to comply with any additional obligations with respect to any Swifter current or future products, technologies or Website that incorporate any Feedback.

7. Limitation of liability; waivers of claims

7.1. IN NO EVENT SHALL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND, OR DAMAGES OR LOSSES TO OR OF PROFITS, REVENUES, SAVINGS, BUSINESS, REPUTATION, GOODWILL OR DATA OR OTHER INTANGIBLE LOSSES, IN CONNECTION WITH THESE TERMS, OR THE SUBJECT MATTER THEREOF, THE WEBSITE OR ANY PORTION THEREOF.

 

7.2. OUR AND OUR AFFILIATES’ AND SUPPLIERS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SUBJECT MATTER THEREOF, AND THE WEBSITE OR ANY PORTION THEREOF, SHALL IN NO EVENT EXCEED AN AMOUNT WHICH EQUALS THE LESSER OF THE AMOUNTS PAID BY YOU FOR YOUR ACCESS AND USE OF THE WEBSITE OR US $50.

 

7.3. THE LIMITATIONS, EXCLUSIONS, WAIVERS, AND TERMS OF THIS SECTION 7 APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND REGARDLESS OF WHETHER THE DAMAGES OR LOSSES WERE KNOWN, FORESEEABLE, OR ADVISED OF TO OR BY US OR OUR OFFICERS, OUR DIRECTORS, OUR EMPLOYEES, OUR AFFILIATES, AND OUR AND THEIR LICENSORS AND SUPPLIERS (COLLECTIVELY, “OUR AFFILIATES AND SUPPLIERS”), AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (WHETHER BREACH OF CONTRACT, TORT, OR OTHERWISE).

 

7.4. YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS AND USE THE WEBSITE.

 

7.5. Depending on where you reside and use the Website, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.

8. Indemnification

YOU ARE AND AGREE TO BE RESPONSIBLE FOR YOUR ACTIONS AND YOUR USE OF THE WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES AND SUPPLIERS, AND OUR AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES, CLAIMS, DEMANDS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS DUE TO OR ARISING FROM, INCLUDING ALLEGATIONS WHICH IF TRUE WOULD BE DUE TO OR ARISE FROM, (I) YOUR ACCESS, MISUES OR USE OF THE WEBSITE AND/OR ANY OF SWIFTER’S PRODUCTS AS REFLECTED IN THE WEBSITE, FROM TIME TO TIME, (II) ANY VIOLATION OF THESE TERMS BY YOU, (III) YOUR BREACH OF THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE HEREIN OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT, AND (IV) ANY CLAIM FOR LOSSES OR DAMAGE YOU CAUSE TO A THIRD PARTY IN CONNECTION WITH THE WEBSITE AND/OR YOUR USE OF ANY OF SWIFTER’S PRODUCTS. WE HAVE THE RIGHT TO CONTROL THE DEFENSE AND SETTLEMENT OF ANY SUCH CLAIMS WHICH ARE MADE AGAINST US, OUR AFFILIATES AND SUPPLIERS.

9. Amendments to these terms

Swifter may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. All changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Website on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that these Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

10. General

10.1.  Relationship. Your relationship with us, is limited to being a User and an independent, third-party contractor, and not an employee, agent, joint venture or partner of ours. This is the case for all users. You act exclusively on your own behalf and for your own benefit, and not on behalf of, or for the benefit of, us or our Affiliates and Suppliers. you agree not to take any action which may create a false impression that you are endorsed by, partnering with, or acting on behalf, or for the benefit, of us, including by inappropriately using any of our content or our trademarks.

 

10.2. Governing Law; Jurisdiction. These Terms, the subject matter of these Terms, and any disputes between your and us or our affiliates (including, without limitation, regarding your breach of these Terms) shall be governed and interpreted in accordance with the English law, excluding its conflicts or choice of laws or rules principles. Any such disputes will be subject to the exclusive jurisdiction of the competent courts located in England and Wales, and you and Swifter each submit to the jurisdiction of such courts and waive all claims object to such jurisdiction, venue and forum, including, without limitation any claim of forum nonconvention. As an exception to this, we may seek preliminary, interim or other temporary injunctive or other relief (such as, for example, a court order) in any competent court in any jurisdiction worldwide.

 

10.3. Assignment. You may not assign, transfer or delegate these Terms or any rights or obligations you have under these Terms to any other person or entity, but we may do so without restriction.

 

10.4. Miscellaneous. These Terms together with any notices we post on the website constitute the entire agreement between you and us with respect to the subject matter of these terms. They may not be changed by you without our express written consent, but may be changed by us without restriction. No waiver under these Terms shall be deemed a continuing waiver, unless expressly stated or agreed otherwise by the party against whom enforcement of such waiver is sought. Headings in these Terms are for your convenience and shall not be used in interpreting these Terms. If any provision of these Terms is held to be invalid or unenforceable, (i) the remainder of the Terms will remain in full force and effect, and (ii) the invalid provision shall be substituted with a provision that most closely approximates the original legal and economic effect of the invalid provision. Any right or remedy given in these Terms is, unless expressly stated otherwise, without exclusion of, or limitation to, any rights or remedies, otherwise available under these Terms, at law or equity. The prevailing party in any action or proceeding that is brought shall be entitled to reasonable attorneys’ fees from the other with respect to such action, in addition to any other relief or damages to which that party may be entitled.

 

10.5. Notices and Disclaimers.

10.5.1.  YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE WEBSITE IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS. THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT OUT WARRANTIES, GUARANTEES, PROMISES, OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, ALL OF WHICH ARE HEREBY DISCLAIMED ON BEHALF OF OURSELVES, OUR AFFILIATES AND SUPPLIERS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WHICH MAY ARISE IN THE COURSE OF DEALING OR USAGE OF TRADE.

 

10.5.2. Swifter assumes no liability, representations, warranties or responsibility for any: (i) errors, mistakes, defects or inaccuracies of content; (ii) personal injury or property damage, of any nature whatever, resulting from your access to and use of the Website; (iii) any unauthorized access to or use of our secure servers or any and all personal information or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website; (vii) any errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Website; or (viii) the Website and/or any of the products and/or services made available in the Website will meet your requirements or that transmissions or data will be secure.

If you have any questions (or comments) concerning these Terms, you are most welcome to send us an e-mail to: info@swifter.io.

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