Terms

Last Revised: November 16, 2016

Welcome to SWIDEO℠, the service for single adults to meet each other online, operated by SWIDEO℠, LLC (the "Company" or "SWIDEO℠").  SWIDEO℠ currently makes services, products and features available through websites, applications, which include Mobile Software, applications available on social networking sites or other platforms, or other downloadable products (the websites, the applications, the downloadable products and all products, services and features provided by SWIDEO℠ in connection therewith shall be referred to collectively as, the "Services"). SWIDEO℠ may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. SWIDEO℠ also reserves the right to cease offering any of the Services. You agree that SWIDEO℠ shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by SWIDEO℠ when you sign up to use, or use, such Services ("Additional Terms"). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. All visitors to or users of our Services, whether registered or not, are "users" of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a "Member".

This Agreement and any policy or guideline of the Services may be modified by SWIDEO℠ in its sole discretion at any time, with or without notice. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a Member at the time of any change, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

You should also read the SWIDEO℠ Privacy Policy, which is incorporated by reference into this Agreement and available on the Website.  If you do not accept and agree to be bound by all of the terms of this Agreement, including the SWIDEO℠ Privacy Policy, do not use the Website or the Service.

If you have any questions or comments about this Agreement, you may contact SWIDEO℠, LLC by writing to us at:

SWIDEO℠, LLC
10752 Deerwood Park Blvd
South Waterview II, Suite 100
Jacksonville, Florida 32256

support@swideoapp.com

 

1. ACCEPTANCE OF TERMS OF USE AGREEMENT

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website and to become a "Member." For purposes of this Agreement, the term "Member" means a person who provides information to the Company on the Website or to participate in the Service in any manner, whether such person uses the Service as a free member or a subscriber. You acknowledge and agree that Members of SWIDEO℠ may be part an online community that may include other websites owned by the Company or its affiliates. Therefore, profiles on the Website may be viewable on other such websites and paying subscribers of one website may be able to communicate with other paying subscribers on all websites. This Agreement includes the Company’s (i) Privacy Policy, (ii) our Dating Safety Tips published on the Website and (iii) terms disclosed and agreed to by you if you become a subscriber or if you purchase or accept additional features, products or services we offer on the Website, such as state-specific terms and terms governing features, billing, free trials, discounts and promotions.

By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please Contact Us or send a letter and self-addressed stamped envelope with sufficient postage to: SWIDEO℠, LLC, 10752 Deerwood Park Blvd, South Waterview II, Suite 100, Jacksonville, Florida 32256. support@swideoapp.com

This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website.  By using the Service, you consent to receive this Agreement in electronic form by using the Service. To withdraw this consent, you must cease using the Service and terminate your account.

 

2. ELECTRONIC RECORDS

Because the Services are provided electronically, you must consent to SWIDEO℠ providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively "Electronic Records"), rather than in paper form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that SWIDEO℠ may be required to provide to you.

Electronic Records will be provided on our Services or sent to the email address associated with your account. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by SWIDEO℠, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the SWIDEO℠ website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer.

You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by SWIDEO℠ are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that SWIDEO℠ may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.

3. ELIGIBILITY

By accessing or using the Services, you represent and warrant that:

(i)  you are at least 18 years old;

(ii) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity;

(iii) you have not previously been suspended or removed from the Services;

(iv) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement;

(v) you are not a competitor of SWIDEO℠ and are not using the Services for reasons that are in competition with SWIDEO℠ or other than for its intended purpose;

(vi) you are single or separated from your spouse; and

(vii) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a "Specially Designated National" or (iii) placed on the Commerce Department's Table of Deny Orders.

 

4. USE OF THE SERVICES

You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Use of the Services is void where prohibited. 

4.1.  Membership and Subscription. You may register as a Member at no cost. As a Member, you may use some, but not all, of the features and services available within the Service. To access or use additional features and services, including the ability to communicate with other Members that are subscribers, you must become a paying subscriber to the Service. The subscription policies that are disclosed to you when you subscribe to the Service are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are (i) not a subscriber, you will not be able to use all the features and services available within the Service, including communicating with other Members, and (ii) a subscriber, non-subscribing Members will not be able to use the Service to communicate with you. A Member profile (both subscribers and non-subscribers) may remain posted on the Website 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. 

4.2. Member Account. You will create only one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content or other communications made in connection with your use of the Services. Additionally, you will not include your last name in your dating profile. You understand and agree that anyone may be able to view any information you choose to make publicly available.

4.3.  Account Security. You understand that you are responsible for maintaining the confidentiality of your account information, and you are fully responsible for all activities that occur under your account information, including the purchase of any of our Paid Services. You agree (a) to immediately notify SWIDEO℠ if you suspect any unauthorized use of your account information or any other breach of security, (b) to ensure that you exit from your account at the end of each session, (c) not to use the account or profile of any other user or Member and (d) to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your account information or other personal information. You acknowledge that SWIDEO℠ is not responsible for any loss or damage arising from the theft or misappropriation of your account information. We recommend that, where applicable, you use a strong password in relation to your account, never use the same password on multiple sites or services and change your password frequently.

4.4. Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.

4.5. Interactions with Other Users; Criminal Background Screenings. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting other uses, especially if you decide to meet in person. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, SWIDEO℠ DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. SWIDEO℠ RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT SWIDEO℠ IS UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. SWIDEO℠ does not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that SWIDEO℠ may create test profiles or accounts to monitor the operation of the Services. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth herein. 

4.6. No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.

4.7. User Conduct. SWIDEO℠ is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the users thereof: 

(i) use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;

(ii) engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;

(iii) use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user's use of the Services;

(iv) impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;

(v) make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;

(vi) defraud, swindle or deceive other users of the Services;

(vii) disseminate another person's personal information without his or her permission, or collect or solicit another person's personal information for commercial or unlawful purposes;

(viii) solicit or engage in gambling or any similar activity or any illegal or unlawful activity;

(ix) use any scripts, bots or other automated technology to scrape or access the Services;

(x) collect or solicit personal information about anyone under 18;

(xi) use the Service for any phishing, trolling or similar activities;

(xii) use the Service to redirect users to other sites or encourage users to visit other sites;

(xiii) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities; 

(xiv) attempt to access any Services that you are not authorized to access; or 

(xv) permit or allow other people or third parties to access and use the Services via your account.

4.8. Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by using the "Report This Profile" button or similar button or link on the Services or by contacting us.

4.9. Verification and Enforcement. Although SWIDEO℠ does not routinely conduct criminal screenings of its users, you agree that SWIDEO℠ has the right to do so at its sole discretion, and you consent to such screening and agree to provide to SWIDEO℠, upon request, complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if SWIDEO℠ believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, SWIDEO℠ may, among other things, investigate, take legal action against you and/or terminate your account and cancel your membership.

5.  CHARGES ON YOUR BILLING ACCOUNT

5.1. The Company bills you through an online account (your "Billing Account" or similar terms) for use of the Service. 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" or similar terms) 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 includes any agreements you made with the Company on the Website 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. If the Company successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.

5.2. 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" (or similar terms) on the Website 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 won’t 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 now 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 provider, 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 provider 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).

5.3. 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 Website. 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 Website or Service when automatically renewing your account, as set forth herein.

 

6.     TERM, TERMINATION, CANCELLATION, MODIFICATION

Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.

6.1. Term. This Agreement will remain in full force and effect while you use the Service and/or are a Member 

6.2. Termination by SWIDEO℠. Notwithstanding anything to the contrary in this Agreement, SWIDEO℠ may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to SWIDEO℠ by you will be nonrefundable, except as otherwise provided by law. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

6.3. Termination by You. You may deactivate or terminate your account at any time, for any or no reason, by accessing the "settings" page (or similar page) of your account or by contacting us as described above. Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to SWIDEO℠. 

6.4. Survival. After your account is suspended, deactivated or terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

6.5. Cancellation of Subscription. You may change or cancel your subscription at any time online by following the instructions on the "Subscription" page (or similar page) on your "Account Settings" page (or similar page).  If you cancel your subscription, the Company requires a reasonable amount of time to process the action. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, 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.

6.6.  Cancellation of Subscription Does Not Cancel Membership. Canceling a subscription does not automatically cancel your membership. If you are a subscriber and you cancel your subscription but not your membership, unless you elect to hide your profile, you will continue to be a Member in the Service and others may view your profile. If you hide your profile, other Members will not be able to view your profile until you "unhide" your profile. If you cancel your membership, your profile will be removed, and other Members will not be able to view your profile. You will be able to use your current registration information to "unhide" your profile and reactivate your membership for one year. A Member can hide his or her profile or cancel his or her membership and remove their profile at any time by following the instructions contained on the "Account Settings" page (or similar page) on the Website.

6.7. Cancellation of Membership. You may change or cancel your membership at any time, for any reason, by following the instructions on the "change/ cancel membership" or similar page on your "Account Settings" page. You may also cancel your membership by sending the Company written notice of cancellation to: SWIDEO℠, LLC, 10752 Deerwood Park Blvd, South Waterview II, Suite 100, Jacksonville, Florida 32256 or by email notice of cancellation to support@swideoapp.com.  If you cancel your membership via the Website, we may ask you to provide a reason for your cancellation

6.8. Termination or Suspension. The Company may terminate or suspend your subscription and/or membership in the Service at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

6.9. Modification to Service. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.

 

7.     WEBSITES, THIRD PARTY CONTENT

7.1. The Company’s website may contain links/buttons that allow Users to jump to other Internet sites and/or audio/video/text materials (hereinafter: Third Party Content) posted on such websites. Such links/buttons as well as the Third Party Content are not checked by the Administration of SWIDEO℠ with respect to their compliance with the requirements of the User, provisions of the current laws of the State of Florida, USA, and this Agreement; and SWIDEO℠ is not responsible for any Information and Materials posted on the websites of third parties, which User gets access to during the use of SWIDEO℠ services, including for any opinions or statements expressed on the websites of third parties, advertising, and the like, as well as for the accessibility (level of service) of such websites or Third Party Content and implications of the use and visiting of such websites by the User.

7.2. In order to improve quality of its services SWIDEO℠ may cache (temporarily store on SWIDEO℠) information about the Third Party Content. SWIDEO℠ seeks to reduce the time for caching of such information, although the information may be cached for up to 7 days.

7.3. User may post and/or use links or information about the Third Party Content at the Website by using special services of SWIDEO℠ (for example, social networking applications).

 

8.     INTERACTIONS WITH OTHER MEMBERS

8.1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANYTIME AND USING AVAILABLE PUBLIC RECORDS 

8.2. The Company is not responsible for the conduct of any Member. 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 Website 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 in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another Member. In addition, you agree to review and follow Dating Safety Tips prior to using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.

 

9.     USER CONTENT

9.1. Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to SWIDEO℠ through the Services or to other users (collectively referred to as "post"), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are "User Content"). SWIDEO℠ does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is SWIDEO℠ liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK. 

9.2. Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to SWIDEO℠ or to any other user. You agree that all images, photographs and video posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services.

9.3. No Duty to Review User Content. Although you understand and acknowledge that SWIDEO℠ has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that SWIDEO℠ may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes SWIDEO℠’s right to modify, crop or edit any photos you submit to comply with SWIDEO℠’s policies, practices and procedures.

9.4. Access, Preservation and Disclosure. Your use of the Website and Service, including all Content you post through the 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 Website in the future; or (v) protect the rights, property or personal safety of the Company or any other person

9.5. License of User Content to SWIDEO℠. SWIDEO℠ claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to SWIDEO℠, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by SWIDEO℠ will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release SWIDEO℠ and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content. 

9.6. Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the written prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.

9.7. Prohibited Content. You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other SWIDEO℠ policy governing your use of the Services ("Prohibited Content"). Prohibited Content includes without limitation User Content that:

(i) is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;

(ii) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(iii) is intended to, or does, harass, or intimidate any other user or third party;

(iv) may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;

(v) contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;

(vi) promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;

(vii) violates someone's data privacy or data protection rights;

(viii) contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

(ix) contains any advertising, fundraising or promotional content; or

(x) is, in the sole judgment of SWIDEO℠, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes SWIDEO℠ or its users to harm or liability of any type.

9.8. Submissions. Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to SWIDEO℠ and our Services (collectively, "Submissions"). Submissions, whether posted to the Services or provided to SWIDEO℠ by email or otherwise, are non-confidential and shall become the sole property of SWIDEO℠. SWIDEO℠ shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. SWIDEO℠ shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

9.9. Social Networking Sites. When you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a "Social Networking Site"), such as Facebook, Google+ or Twitter, you permit SWIDEO℠ to access certain information about you that is made available to SWIDEO℠ through or from that Social Networking Site. The information obtained by SWIDEO℠ varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, email address, profile picture, gender, birth date, dating gender preference, friends lists or "likes" on your Facebook account and other information. By accessing or using our Services through a Social Networking Site, you are authorizing SWIDEO℠ to collect, store, retain and use, in accordance with our Privacy Policy, any and all of your information that SWIDEO℠ has obtained from the Social Networking Site, including to create a SWIDEO℠ profile page and account for you. Your agreement to the foregoing takes place when you "accept" or "allow" or "go to" (or other similar terms) our application on a Social Networking Site or the transfer of information to SWIDEO℠ from such site. If there is information about your "friends" or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that SWIDEO℠ is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about SWIDEO℠ that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site, except where a link to your Social Networking Site account from the Services is necessary to enable the use of our Services. 

9.10. Personal Information. You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Members. You agree that any Content you place on the Website to be viewed by other Members may be viewed by any person visiting the Website or participating in the Service. 

9.11. Prohibited Activities. The Company reserves the right to investigate and/or terminate your membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Website but involve Members you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

(i) impersonate any person or entity;

(ii) solicit money from any Members; 

(iii) post any Content that is prohibited by Section 9;

(iv) "stalk" or otherwise harass any person;

(v) express or imply that any statements you make are endorsed by the Company without our specific prior written consent;

(vi) ask or use Members to conceal the identity, source, or destination of any illegally gained money or products; 

(vii) 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 Website, Service or its contents;

(viii) collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website; 

(ix) interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website;

(x) email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(xi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software);

(xii) "frame" or "mirror" any part of the Service or the Website, without the Company's prior written authorization; 

(xiii)  use meta tags or code or other devices containing any reference to the Company, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose; 

(xiv) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so;

(xv) post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement;

 

10. PRIVACY

Please refer to our Privacy Policy for information about how SWIDEO℠ collects, uses, stores and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature in your profile or in any public areas of SWIDEO℠ or post or provide to SWIDEO℠ any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States or any other country in which we process your data or make the Services available. You also consent to receive emails from us in connection with the use or promotion of the Services.

 

11. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE

SWIDEO℠ owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, SWIDEO℠ logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of SWIDEO℠ and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of SWIDEO℠.

You are granted a limited, non-sublicensable license to access and use the Services, subject to the terms and conditions of this Agreement. You agree that you will not:

(i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so;

(ii) "frame" or "mirror" any part of the Services, without our prior written authorization;

(iii) use meta tags or code or other devices containing any reference to SWIDEO℠ or the Services in order to direct any person to any other website for any purpose;

(iv) resell or make any commercial use of the Services;

(v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;

(vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;

(vii) use any automated methods or processes to create user accounts or access the Services; or

(viii) use the Proprietary Materials or the Services other than for their intended purpose.

Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of SWIDEO℠, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. SWIDEO℠ reserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.

12. REPEAT INFRINGER POLICY

If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by emailing support@swideoapp.com, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content.

SWIDEO℠ reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. SWIDEO℠ may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13. COPYRIGHT POLICY

13.1. Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. The Company will terminate the accounts of repeat infringers.

13.2. Claims of Infringement. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information: 

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material);

(iv) your address, telephone number, and email address;

(v) 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

(vi) 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.

13.3. Copyright Agent. Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at support@swideoapp.com  or the following address: 

Copyright Agent

SWIDEO℠, LLC,
10752 Deerwood Park Blvd
South Waterview II, Suite 100
Jacksonville, Florida 32256

13.4. Misrepresentation. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

13.5. Procedure Does Not Constitute Legal Advice. Please note that this procedure is exclusively for notifying SWIDEO℠ and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SWIDEO℠’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

14.           TRADEMARKS

"SWIDEO℠," SWIDEO℠'s logos and any other trade name or slogan contained in the Services are trademarks or service marks of SWIDEO℠, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of SWIDEO℠ or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SWIDEO℠ and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

15.   HYPERLINKS

SWIDEO℠ makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of SWIDEO℠ and SWIDEO℠ is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SWIDEO℠ provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by SWIDEO℠ of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk. 

16.  THIRD PARTY CONTENT

SWIDEO℠ may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. SWIDEO℠ does not control, endorse or adopt any Third-Party Content and makes no representations or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that SWIDEO℠ is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk. 

17.  ADVERTISERS AND OTHER THIRD PARTIES

The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. SWIDEO℠ is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that SWIDEO℠ shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third-party advertisers or third party information on the Services.

18.  PAID SERVICES

18.1. General. If you purchase any Services that we offer for a fee (the "Paid Services"), you authorize SWIDEO℠ and our designated payment processors to store your payment information and other related information. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at SWIDEO℠'s or your Payment Method Provider's sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described in this Section).

18.2. Payment Method. SWIDEO℠ may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize SWIDEO℠ to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the "Payment Method") and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method. 

18.3. Third Party Accounts. SWIDEO℠'s Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a “Third Party Account”). If you purchase any Paid Services through a Third-Party Account, billing for these Paid Services will appear through your Third-Party Account. You should review the Third-Party Account’s terms and conditions, which we do not control.

18.4. Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to SWIDEO℠ or your Payment Method Provider. You agree to promptly notify SWIDEO℠ or your Payment Method Provider if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.

18.5. Change in Amount Authorized. If the total amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), SWIDEO℠ or your Payment Method Provider will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Services before the increased price goes into effect, you agree to pay the increased price for the Paid Services. You agree that SWIDEO℠ or your Payment Method Provider may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. SWIDEO℠ or your Payment Method Provider will inform you of any additional charges that are accumulated.

18.6. Incorrect Payments and Errors. In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, SWIDEO℠ or your Payment Method Provider shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, or (3) apply your payment in any combination of the foregoing ways.

18.7. SWIDEO℠ reserves the right to correct any error

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