Condition of use
Conditions of Use
Last updated: July 24, 2022
Welcome to swipte.com. swipte.com Services LLC and/or its affiliates ("swipte") provide website features and other products and services to you when you visit or shop at swipte.com, use swipte products or services, use swipte applications for mobile, or use software provided by swipte in connection with any of the foregoing (collectively, "swipte Services"). By using the swipte Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
You must be 13 years or older to use this site.
You may not post nude, partially nude, or sexually suggestive photos.
You are responsible for any activity that occurs under your screen name.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate or intimidate other users or store.
You may not use the Swipte service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Swipte service.
You must not modify, adapt or hack Swipte or modify another website so as to falsely imply that it is associated with Swipte.
You must not access Swipte's private API by any other means other than the Swipte application itself.
You must not crawl, scrape, or otherwise cache any content from Swipte including but not limited to user profiles and photos.
You must not create or submit unwanted email or comments to any Swipte members ("Spam").
You must not use web URLs in your name without prior written consent from Swipte, LLC.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of Swipte, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Swipte account. While Swipte prohibits such conduct and content on its site, you understand and agree that swipte cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the swipte service at your own risk.
- We reserve the right to modify or terminate the swipte service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
- We reserve the right to reclaim any username at any time.
Proprietary Rights in Content on swipte
- swipte does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the swipte Services. By displaying or publishing ("posting") any Content on or through the swipte Services, you hereby grant to swipte a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the swipte Services.
- Some of the swipte Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that swipte may place such advertising and promotions on the swipte Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the Content posted by you on or through the swipte Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the swipte Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the swipte Services.
- The swipte Services contain Content of swipte ("swipte Content"). swipte Content is protected by copyright, trademark, patent, trade secret and other laws, and swipte owns and retains all rights in the swipte Content and the swipte Services. swipte hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the swipte Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the swipte Services.
- The swipte Services contain Content of Users and other swipte licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the swipte Services.
- swipte performs technical functions necessary to offer the swipte Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the swipte Services.
- Although the Site and other swipte Services are normally available, there will be occasions when the Site or other swipte Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of swipte. Also, although swipte will normally only delete Content that violates this Agreement, swipte reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by swipte in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, swipte encourages you to maintain your own backup of your Content. In other words, swipte is not a backup service. swipte will not be liable to you for any modification, suspension, or discontinuation of the swipte Services, or the loss of any Content.
Please read these conditions carefully.
We offer a wide range of swipte Services, and sometimes additional terms may apply. When you use an swipte Service (for example, Your Profile, Gift Cards, swipte Video, Your Media Library, swipte devices, or swipte applications) you also will be subject to the guidelines, terms and agreements applicable to that swipte Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of swipte Services, to understand our practices.
When you use swipte Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other swipte Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any swipte Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of swipte or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any swipte Service is the exclusive property of swipte and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any swipte Service are trademarks or trade dress of swipte in the U.S. and other countries. swipte's trademarks and trade dress may not be used in connection with any product or service that is not swipte's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits swipte. All other trademarks not owned by swipte that appear in any swipte Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by swipte.
One or more patents owned by swipte apply to the swipte Services and to the features and services accessible via the swipte Services. Portions of the swipte Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, swipte or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the swipte Services. This license does not include any resale or commercial use of any swipte Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any swipte Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by swipte or its licensors, suppliers, publishers, rightsholders, or other content providers. No swipte Service, nor any part of any swipte Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of swipte. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of swipte without express written consent. You may not use any meta tags or any other "hidden text" utilizing swipte's name or trademarks without the express written consent of swipte. You may not misuse the swipte Services. You may use the swipte Services only as permitted by law. The licenses granted by swipte terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own swipte account to use certain swipte Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. swipte does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the swipte Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their swipte Household. Alcohol listings on swipte are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. swipte reserves the right to refuse service, terminate accounts, terminate your rights to use swipte Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. swipte reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant swipte a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant swipte and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify swipte for all claims resulting from content you supply. swipte has the right but not the obligation to monitor and edit or remove any activity or content. swipte takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from swipte are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
swipte does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, swipte does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
swipte attempts to be as accurate as possible. However, swipte does not warrant that product descriptions or other content of any swipte Service is accurate, complete, reliable, current, or error-free. If a product offered by swipte itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on swipte and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on swipte.
With respect to items sold by swipte, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by swipte is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by swipte, such as the swipte App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any swipte Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using swipte Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including swipte Software), technology, and services.
Parties other than swipte operate stores, provide services or software, or sell product lines through the swipte Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from swipte. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). swipte does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE swipte SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE swipte SERVICES ARE PROVIDED BY swipte ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. swipte MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE swipte SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE swipte SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE swipte SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, swipte DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. swipte DOES NOT WARRANT THAT THE swipte SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE swipte SERVICES, swipte'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM swipte ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, swipte WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY swipte SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY swipte SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any swipte Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
By using any swipte Service, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and swipte.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of swipte Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL swipte SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with swipte Services (the "swipte Software").
- Use of the swipte Software. You may use swipte Software solely for purposes of enabling you to use the swipte Services as provided by swipte, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the swipte Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the swipte Software in whole or in part. All software used in any swipte Service is the property of swipte or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the swipte Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the swipte Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the swipte Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the swipte Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other swipte or third-party terms applicable to any portion of swipte Software, such as open-source license terms, such other terms will control as to that portion of the swipte Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
swipte accepts service of subpoenas or other legal process only through swipte’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:
Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for swipte devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint sending to email@example.com. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Written claims concerning copyright infringement must include the following information:
- A physical or electronic 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 upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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
- 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.