TERMS OF SERVICE AND USER AGREEMENT
The following are terms of a legal agreement (“Agreement”) between you and Swirl Media, Inc. (“Company”) , www.swirlonthru.com (“site”), or (“Service”) and any information, text, video (live or pre-recorded), graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service or the Website you agree to be bound by these Terms.
Permission (See also Eligibility) is hereby granted only to persons who are 18 years old, or older who desire to enter the site for their personal information or entertainment and who are not accessing this site from any country, state, province, or location where adult material is specifically prohibited by law. Permission is not granted to any persons entering the site for any other purpose. swirlonthru.com is NOT in any way shape or form responsible for any communication between you and any other member, either online or offline. Meeting members offline is AT YOUR OWN RISK. By entering this site you waive all claims of liability against SwirlOnThru.com, its owners, business affiliates, employees, volunteers, and partners.
You may use the Service only if you can form a binding contract with the website owners and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You are responsible for your use of the Service, for any Content you post to the Service, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
Use caution regarding the information you post on the Website and that you provide to other Members. Content posted (ie. photos, video, profile content, etc) by you must adhere to the laws and regulatory guidelines as set forth by your current city, state, federal or jurisdiction laws. Information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate or offensive material, products or services and we assume no responsibility or liability for this material.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
We may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect the owner’s rights or property.
By participating in any offline event, you agree to release and hold the Website owners harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline event.
1) Your Interactions.
You are solely responsible for your interactions and communication with other Members. You understand that we do not in any way screen Members, nor do we inquire into the backgrounds of Members or attempt to verify the statements of Members using the Service. We make no representations or warranties as to the conduct or statements made by Members.
IF YOU ARE A USER OR MEMBER AND RESIDE IN THE STATE OF NEW JERSEY WE ARE REQUIRED TO INFORM YOU THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, MEMBER, OR PROSPECTIVE MEMBER. FURTHERMORE, NO BACKGROUND CHECK HAS BEEN PERFORMED ON ANY OWNER, BUSINESS AFFILIATE, EMPLOYEE, VOLUNTEER, AND/OR PARTNER.
In no event will we be liable for any 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 Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service.
Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are of legal age to use the Service in accordance with the applicable laws for your location. In the United States, this means that you are 18 years of age or older and able to form a legally binding contract. Your use of the Service shall not violate any applicable law or regulation. Your membership may be revoked without warning, if it is found that you are misrepresenting your age or are in violation of any other Terms. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.
This Agreement will remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time. Your membership can be terminated for any reason. You may receive notice of termination that will be sent to the email address in your profile. By using the Service and by becoming a Member, you acknowledge that the Service provided to you is for operation of the equipment and the bandwidth that provides the Service and nothing else. Your membership can be terminated if you breach this Agreement or fail to pay for the Service, as required by this Agreement.
4) Non Commercial Use by Members.
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the Website, including collecting 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 will be investigated and prosecuted under all legal remedies available. Commercial advertisements affiliate links, and other forms of solicitation can be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.
5) Notification of copyright, trademark, and other proprietary information included on this website.
Each and every item and component found on or available via download through this site, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video and/or video clips live or otherwise, is the exclusive proprietary property of the owner of this site or the applicable author of such material and is protected under the United States Copyright Act, all applicable state laws, and international copyright laws. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. The content and software on this site may be used as a resource while accessing this web site, but may not be downloaded or used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of the relevant owner or author.
The owner of this site asserts all proprietary rights in and to all names and trademarks contained on this web page, regardless of whether a trademark registration has been secured. Any use of the owner’s trademarks in connection with any product or service that does not belong to the owner of this web site, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of such owner and may be actionable under the United States Trademark Laws and/or International Trademark Laws and the Trademark or equivalent laws of other countries.
6) Content on the Service.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk.
You understand and agree that we may review and delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content on the Service or any material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, you hereby grant to website owner the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although we cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deems appropriate in our sole discretion.
g. You may not cover or obscure the banner advertisements on your personal profile page, or any page of the Website or Service via HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add friends, is prohibited.
i. You may not attempt to impersonate another person or Member.
j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
k. You may not sell or otherwise transfer your profile.
l. YOU MAY NOT POST ANY CONTACT INFORMATION INCLUDING EMAIL ADDRESS, PHYSICAL ADDRESS, INSTANT MESSENGER HANDLES/NICKNAMES/USERNAMES, LINKS/WEB ADDRESSES WITH THE ONLY EXCEPTION OF PHONE NUMBERS.
7) Copyright 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. It is our policy to terminate membership privileges of any Member who infringes any copyright upon prompt notification by the copyright owner or the copyright owner’s legal agent. 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, please provide our Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; 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; 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. Our Agent for notice of claims of copyright infringement can be reached via the email address provided on our contact page.
8) Member Disputes.
You are solely responsible for your interactions with other Members. We are under no obligation, to monitor disputes between Members.
We are not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Website and/or the Service.
10) Limitation on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNERS AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE OWNERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATION OF LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID FOR THE SERVICE DURING THE APPLICABLE PERIOD.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.
You agree to indemnify and hold the owners, their subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement regarding the use of the Website and/or the Service. Any failure of to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
14) Refund Policy.
No refunds are provided unless the account was not accessed or the service was not available to the customer at the time of purchase. Any and all refund requests must be submitted to management either by phone or using the “Contact Us” link at the top of every page on this website. All refunds are the sole discretion of management and will be provided on a case by case basis only.
15) Governing Law and Severability.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York not withstanding any conflict of laws provisions. You and the “Company” agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be New York State.
You and the “Company” further agree that in case of any litigation regarding this Agreement, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of New York, New York (the “New York Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the New York Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the New York Courts represent the exclusive jurisdiction for all litigation relating to this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Swirl Media, 2018. ALL RIGHTS RESERVED