SWOL Terms of Service
Last Update: April 2014
BY BROWSING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT BROWSE, INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1. Access to the Service
During the Account creation process, you will be required to select a password (“Login Information”). You will not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify SWOL and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
SWOL reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Subject to your agreement and continuing compliance with these Terms and any other relevant SWOL policies, SWOL grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
2. Ownership of the Service, Accounts, and User Generated Content
(a) The Service
All rights, title and interest in and to the Service (including without limitation any games, apps, titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, methods of operation, moral rights, documentation, and in-game chat transcripts) are owned by SWOL. SWOL reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND WILL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SWOL.
(c) User Generated Content
3. Use of the Service
(a) Limitations on Use of the Service
You agree not to use the Service in any manner that is not authorized by these Terms. In addition, you must not use the Service in any manner that SWOL believes is inappropriate or abusive, including in any manner that causes harm to SWOL, its service providers, agents, licensors, suppliers, customers, or users. In particular, but not by way of limitation, you must not:
(i) decompile, decipher, disassemble, reverse engineer or otherwise attempt to access the source code of the Service, except as permitted by applicable law notwithstanding this limitation;
(ii) translate modify, prepare derivative works of or incorporate the Service into any other product or service;
(iii) print, display, download, store, reproduce, copy, republish, modify, take screen shots of, distribute, or prepare derivative works of the Service;
(iv) interfere with or disrupt the Service, the systems used to host the Service, other equipment or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(v) license, sell, rent, lease, lend, transfer, sublicense, assign, outsource, or otherwise transfer or provide access to the Service or utilize the Service for the benefit of any third party;
(vi) provide, or make available to any unauthorized user, any links, hypertext (Universal Resource Locator (URL) address), content or otherwise encourage or provide (other than a “bookmark” from a Web browser) access to the Service, or any part thereof;
(vii) attempt to or circumvent the user authentication or any security or technology of the Service or any host, network, or account related thereto used to limit access to or use of the Service or to usage;
(viii) use any application programming interface to access the Service;
(ix) mirror the Service on any server;
(x) make any use of the Service that violates any applicable local, state, national, international or foreign law;
(xi) attempt to access or use the Service other than through use of standard functionality of the Service made available by SWOL or third-parties it authorizes to do so.
(xii) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, modify or cause to be modified any files that are a part of the Service or any SWOL app;
(xiii) disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any SWOL app;
(xiv) institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
(xv) attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by SWOL, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
(xvi) post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
(xvii) post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
(xviii) attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including SWOL employees or agents;
(xix) make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person; or
(xx) solicit or attempt to solicit personal information from other users of the Service or any SWOL game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
If SWOL suspects violations of these Terms, SWOL may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with SWOL in investigating suspected violations by you or others. You authorize SWOL to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying or tracking activities that SWOL considers to be illegal or violations of these Terms.
(b) Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, SWOL MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR SWOL SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SWOL IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR APP AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
SWOL reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, SWOL will not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by emailng us at email@example.com , informing SWOL that you wish to terminate your Account.
4. USER GENERATED CONTENT
(a) Content Screening
SWOL assumes no responsibility for the conduct of any user submitting any User Generated Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Generated Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Generated Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Generated Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Generated Content, including without limitation chat text or voice communications.
If at any time SWOL chooses, in its sole discretion, to monitor the Service, SWOL nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Generated Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Generated Content.
(b) Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. SWOL may reject, refuse to post or delete any User Generated Content for any or no reason, including, but not limited to, User Generated Content that in the sole judgment of SWOL violates these Terms.
(c) User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or SWOL apps. SWOL reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with SWOL to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting SWOL access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
5. FEES AND PURCHASE TERMS
In the Service you may purchase, with “real world” money, access to certain goods or services, including features not otherwise freely offered as part of the Service (“Paid Features”). You may also obtain a license to use Paid Features by redeeming third party virtual currency such as Facebook Credits.[JSW1]
SWOL may manage, regulate, control, modify or eliminate Paid Features at any time, with or without notice. SWOL will have no liability to you or any third party in the event that SWOL exercises any such rights.
ALL PURCHASES AND REDEMPTIONS OF PAID FEATURES MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Paid Features for use in SWOL apps is a service provided by SWOL that commences immediately upon acceptance by SWOL of your purchase.
(b) Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. SWOL may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT SWOL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PAID FEATURES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
7. Collection of Information from Users Under the Age of 13
SWOL and the Service do not intend to collect any information from users under the age of 13. If you believe or have knowledge that we have collected information from a user under the age of 13, contact SWOL using the notice information provided in these Terms and we will promptly delete that information.
8. Important Notices
(a) Availability of and Changes to the Service/Termination.
You may use the Service if and when it is available. SWOL does not guarantee availability of the Service or any particular feature. The Service or a feature may be a pre-release version and may not work correctly or in the way a final version might work. SWOL may significantly change the final version or decide not to release it. SWOL reserves the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the Service at any time without notice, SWOL may delete your account and all related information and files in your account, and bar any further access to all information and files. You agree that SWOL will not be liable to you or any third-party for any termination of your access to the Service.
(b) Changes to these Terms.
SWOL reserves the right to change these Terms at any time upon notice. SWOL may give notice by posting the updated Terms on the Service or by any other reasonable means. You can review the most current version of the Terms at any time at http://swol.co/terms.html.The updated Terms are binding on you on the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you must terminate your account and stop using the Service before the effective date. Your continued use of the Service after the effective date will constitute your acceptance of the updated Terms.
9. Third Party Web Sites, Products and Services; Additional Terms.
The Service may provide you access to products or service provided by third parties as well as links to other Internet websites or resources (“Third Party Materials”). You may be presented additional terms and conditions from third parties when you access, use, or purchase Third Party Materials. You must comply with third party terms and pay all associated charges. The third party, not SWOL, is solely responsible and liable for all Third Party Materials and that any claims you have with respect to Third Party Materials are against the third party supplier and not SWOL.
10. Intellectual Property Rights
SWOL and its licensors retain full copyright ownership, rights and protection in all material contained on the Service (including all digital images, software, HTML code and other code, or business methods) with the exception of User Generated Content. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Service without the prior consent of SWOL or the copyright owner.
All content of the Service is Copyright 2013 SWOL LLC, and its licensors. All rights reserved.
(b) Copyright infringement
If you are the owner of a United States copyright and you believe that your work has been copied on this Website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SWOL with the following information: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the website; (iv) your address, telephone number, and email address; (v) a 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 or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
(c) Corporate Identification and Trademarks
All trademarks, service marks and trade names of SWOL, its partners and licensors (including without limitation: SWOL, the SWOL logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of SWOL or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without SWOL’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved by SWOL in advance.
11. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service and Content are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE” and the entire risk of use and performance, remains with you. swol and its licensors DO NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet Enjoyment, or non-infringement. In particular, swol and ITS licensors make no warranty that the Service or Content: (A) will meet your requirements; (B) will be available or provided on an uninterrupted, timely, secure or error-free basis; (C) OR any information or content obtained through them will be accurate, complete, or reliable; or (D) OR that any defects or errors therein will be corrected. All content and other material MADE AVAILABLE through the SERVICE is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom. You may have additional rights under your local laws that these Terms cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, THOSE terms are deemed incorporated into THESE TERMS but swol’s liability for a breach of THOSE statutory implied terms is limited in accordance with and to the extent permissible under THAT legislation.
12. Disclaimer of Certain Damages
In no event will swol OR Any licensor be liable for any consequential; special; incidental; indirect; punitive damages; for LOSS OF profits, BUSINESS, GOODwILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Service, Content, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, even if swol or any licensor has been advised of the possibility of such damages.
13. Limitation on Liability
To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIoN 12, swol’s and its licensors’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the SERVICE, OR Content will be to recover the actual damages you incur based upon reasonable reliance on the SERVICE or Content up to U.S. $5.00.
The existence of multiple claims or suits under or related to these Terms, the Service, Content OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT will not enlarge or extend the limitation of money damages. EXCEPT FOR thE EXCLUSIVE REMEDY IN THE FOLLOWING SENTENCE, These actual money damages will be your sole AND EXCLUSIVE reMedy.
14. CONSUMER NOTICE
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential DAMAGE, LOSS, or LIABIlity FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DIScLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in sectionS 10 OR 11 will be interpreted AS excluding OR LIMITING liability which cannot under applicable law be excluded In those jurisdictions. If you LIVE, or are otherwise subject to the laws IN one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF LIMITATION IS NOT PERMITTED, the limitations AND exclusions IN SECTIONS 12 AND 13 may not apply to you.
15. DISPUTE RESOLUTION AND GOVERNING LAW
You agree to release, discharge, defend, indemnify and hold harmless SWOL, its parents, subsidiaries, officers, directors, managers, managing members, members, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the Service, including any User Generated Content that you provide and any violations of this Agreement for which you are responsible. SWOL will provide you with prompt notice of any such claim, suit or proceeding and reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
SWOL may give you all notices (including legal process) that SWOL is required to give by any lawful method, including by making notice available through the Service or by sending it to any email or mailing address that you provide to SWOL. You acknowledge that if you do not provide SWOL with current and accurate contact information, SWOL may not be able to contact you. You agree to send SWOL notice by mailing it to SWOL at:
1010 NE 2nd Avenue
Miami, Florida 33132
18. GENERAL PROVISIONS
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and SWOL intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and SWOL agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." SWOL may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Service (including any right to access the Service or Content). SWOL’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on SWOL if it is in a written document signed by SWOL. These Terms (including any incorporated terms) constitute the entire agreement between you and SWOL with respect to your use of the Service and Content. Both you and SWOL warrant to each other that, in entering these Terms, neither SWOL or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. Any translation of these Terms is done for local requirements. No one other than you and SWOL, or SWOL’s successors and permitted assigns, will have any right to enforce any of these Terms. You acknowledge that the rights granted and obligations made under these Terms to SWOL are of a unique and irreplaceable nature, the loss of which will irreparably harm SWOL and which cannot be replaced by monetary damages alone so that SWOL will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any SWOL app, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 13 (if any). SWOL will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SWOL, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond SWOL’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.