NOTE: swyMed is a wholly owned subsidiary of swyMe Holding BV. All references to swyMe in the following should be construed to refer to swyMed Incorporated as well.
1. Terms Applicable to Specific Content and Areas of the Site
2. Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that swyMe publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
3. Use of Community Services
Community Services are provided as a convenience to users and swyMe is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding swyMe products and services, including information from swyMe employees, they are not an official customer support channel for swyMe.
You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by swyMe.
4. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of swyMe or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an “As Is” and “As Available” basis, and swyMe reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.
5. Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to swyMe all of the licenses and rights set forth herein. By Sharing Content, you grant swyMe a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any swyMe product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by swyMe without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) swyMe’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will not Share any Content that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another’s privacy or includes another’s confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (k) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.
swyMe does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by swyMe on a non-confidential and unrestricted basis.
6. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any swyMe accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any swyMe accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any swyMe accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any swyMe accounts, computer systems or networks without swyMe’s express written permission.
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify swyMe immediately of any unauthorized use of your password(s) or account(s).
7. No Unlawful or Prohibited Use
swyMe has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, swyMe reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content at its sole discretion.
10. Termination of Use
swyMe may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that swyMe may, in its sole discretion, at any time, terminate or limit your access to or use of the Site or any Content. swyMe will terminate or limit your access to or use of the Site if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that swyMe shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Site or any Content.
11. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. swyMe is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such Web sites and third party Content, products and services.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. swyMe EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. swyMe MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. swyMe SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
swyMe RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
13. Limitation of Liability
IN NO EVENT SHALL swyMe BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
14. Exclusions and Limitations
16. Note About Minors
Minors are not eligible to use the Site, and we ask that they do not submit any information to us.
17. Export Restrictions/Legal Compliance
18. Applicable Laws
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of Delaware. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Wilmington, DE. You and swyMe agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Copyright© 2014, swyMe and/or its affiliates. All rights reserved.
20. Contact Information