SWYM
TERMS
OF SERVICE
LAST
UPDATED: July 24, 2023
TABLE
OF CONTENTS
6 Cancellations and Inactivity
7 Representations and Warranties
8 Intellectual Property Rights of
SWYM
10 Interaction with Other Members
Introduction
Welcome to SWYM. The following terms and conditions
(these "Terms of Service" or "Agreement" or “Terms”)
govern your access to and use of the SWYM website, mobile application
(available for iOS and Android) including any content, functionality and
services offered on or through SWYM website and/or mobile application (collectively
referred to as the "Platform"). The Platform is operated
by Novel Ground Ventures, LLC based
in 132-01 Roosevelt Avenue PMB 818181,
Flushing, New York, USA 11354 (hereinafter referred to as “SWYM” or “We”
or “Us” etc.).
By using the Platform
and the service provided thereon (the "Service"), you agree to
be bound by these Terms of Service, whether or not you become a registered user
of Platform (a "Member" or “You” etc.). If you wish to become
a Member and/or make use of the Service, please read this Agreement. If you
object to anything in this Agreement or the SWYM Privacy Policy, kindly do not
use the Service.
Member Content is
subject to the terms and conditions of Sections 512(c) and/or 512(d) of the
Digital Millennium Copyright Act 1998. If you have a complaint about Member
Content, please see the Digital Millennium Copyright Act section below for more
information.
PLEASE READ THIS
AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL
RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS,
AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1
Electronic
Agreement
This Terms of Service
is an electronic contract that sets out the legally binding terms of your use
of the Service. This Terms of Service is subject to change by SWYM at any time,
effective upon posting on the Platform. By accessing and/or using the Service
or becoming a Member, you accept this Terms of Service and agree to the terms,
conditions and notices contained or referenced herein. Your continued use of
the Service following SWYM's posting of revised terms of any section of the
Terms of Service will constitute your express and binding acceptance of and
consent to the revised Terms of Service.
2 Services and Support
2.1 The Platform allows Members to create a personal profile, create a geo-locked dating/networking pool and/or join a geo-locked dating/networking pool (hereinafter referred to as a “Pool” etc.). If the Member is physically at the geolocation of such Pool. Pool means an exclusive group of members present at an event, venue, conference, sporting event, concerts and other locations where people come together at a public or private place. Members have the ability to join a Pool as long as they are at the specified location. Once a Member has joined a Pool, Members can browse through the profiles of other Members of that Pool and choose whether to like their profile or not. If two Members in a Pool mutually like each other, this will create a match and allow those Members to message each other, thereafter they can interact through the Platform and/or meet in person at the Pool or at any other place mutually agreed between them at their own risk (the “Services”). The Platform uses the location services of your device, therefore as soon as you leave the geolocation of a Pool, you will be removed from the Pool.
2.2 The Platform is free to use; however, some specific features may require a paid subscription plan or add-ons purchased by you (see clause 5).
2.3 A compatible device is required in order to use the Services. Additionally, a stable connection to the Internet is required.
2.4 The Services are designed purely for your non-commercial personal use and reselling of Services is strictly prohibited.
3 Account
3.1 In order to use the Platform, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the Terms including our Privacy Policy; and 4) provide true, complete, and up to date legal and contact information. If you sign up for the Platform on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3.2 By using the Platform, you represent and warrant that you will use the Platform only for personal and non-commercial purposes.
3.3 By using the Platform, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Platform in a way that violates any laws or regulations. The Platform may refuse service, close accounts of any users, and change eligibility requirements at any time.
3.4 The Services are provided to you via dedicated account on the Platform. Every account is linked to a separate Member.
3.5 You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts.
3.6 We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
3.7 By creating an Account on the Platform, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any communication we send.
3.8
You
can create an account through your account with certain third-party social
networking services such as Facebook and Google (each, an “SNS Account”).
If you choose the SNS Account option, we’ll create your Account by extracting
from your SNS Account certain personal information such as your name and email
address and other personal information that your privacy settings on the SNS
Account permit us to access.
By creating an account on the SWYM App you agree too:
·
comply with all
applicable laws, including without limitation, privacy laws, intellectual
property laws, anti-spam laws, equal opportunity laws and regulatory
requirements;
·
use your real name and
real age in creating your SWYM account and on your profile; and
·
use the services in a
professional manner.
You agree that you will not:
·
act in an unlawful or
unprofessional manner including being dishonest, abusive or discriminatory;
·
misrepresent your
identity, your age, your current or previous positions, qualifications or
affiliations with a person or entity;
·
disclose information
that you do not have the consent to disclose;
·
stalk or harass any
other user of the App;
·
create or operate a
pyramid scheme, fraud or other similar practice, or;
·
develop, support or
use software, devices, scripts, robots, other types of mobile code or any other
means or processes (including crawlers, browser plugins and add-on or other
technology) to scrape or otherwise exfiltrate from SWYM or its services, or
otherwise copy profiles and other data from the services.
You can report any abuse or complain about
Member Content by contacting us, outlining the abuse and/or complaint. You can
also report a user directly from a profile in chat by clicking the ‘Report User’
link. We reserve the right to investigate any possible violations of these Terms,
any SWYM user’s rights, or any third party rights and we may, in our sole
discretion, immediately terminate any user’s right to use of the App without
prior notice, as set out further in Section 1 above, and/or remove any
improper, infringing or otherwise unauthorized Member Content submitted to the
App.
We don’t control any of the things our
users say or do, so you are solely responsible for your interactions with other
users of the App.
YOU UNDERSTAND THAT NOVEL GROUND VENTURES
DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF
ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. NOVEL GROUND
VENTURES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS
OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. NOVEL GROUND VENTURES RESERVES
THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS
SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC
RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release NOVEL
GROUND VENTURES and its successors from any claims, demands, losses, damages,
rights, and actions of any kind, including personal injuries, death and
property damage, that either directly or indirectly arises from your
interactions with or conduct of other users of the App. If you are a California
resident, you hereby waive California Civil Code Section 1542, which states, “A
general release does not extend to claims that the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing
the release and that, if known by him or her, would have materially affected
his or her settlement with the debtor or released party.” The foregoing release
does not apply to any claims, demands, or any losses, damages, rights and
actions of any kind, including personal injuries, death or property damage for
any unconscionable commercial practice by NOVEL GROUND VENTURES or for such
party’s fraud, deception, false, promise, misrepresentation or concealment,
suppression or omission of any material fact in connection with the App.
Scraping or replicating any part of the
App without our prior consent is expressly prohibited. This includes by any
means (automated or otherwise) other than through our currently available,
published.
4 Term
4.1 The Term begins as soon as you access the Platform and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms.
5 Fees, Payments and Refunds
5.1 Browsing and using of the Platform and basic Services is free of cost, however in order to access certain “Premium Features” such as creating a Pool, you must purchase those paid services (“Premium Feature Charges”). Premium Features once purchased, are non-refundable, non-transferable and non-returnable and must be utilized within thirty days from the date of purchase. Premium Features are further divided into “Standard Premium Features” and “Sponsored Premium Features” and charges attached to such are called “Standard Premium Features Charges” and “Sponsored Premium Features Charges”.
5.2 Standard Premium Features and Standard Premium Features Charges: Individual Members can use Standard Premium Features such as creating a Pool by paying the Standard Premium Features Charges posted on the Platform. An individual Member must pay Standard Premium Features Charges every time he/she wants to utilize Standard Premium Features such as creating a Pool.
5.3 Sponsored Premium Features and Sponsored Premium Features Charges: Members and event organizers (“Sponsors”) can also use Sponsored Premium Features specially created for sponsored events, by paying the Sponsored Premium Features Charges specified. Sponsored Premium Features may include customized features and add-ons based on the level of sponsorship chosen by the sponsor of the Pool.
5.4 As long as you’re using Premium Features, you’ll provide the Platform with valid credit card information and authorize us to deduct the Premium Features Charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to the card information provided. If, for some reason, we’re unable to process your credit card order, your sponsored Pool purchase will remain incomplete. Consecutive charge retries does not change and/or extend your Premium Features expiry date.
5.5 We provide refunds under these circumstances only; when a system-wide malfunction prevented the system from rendering Premium Features to Member or Sponsor and Member or Sponsor reported the incident(s) with evidence to the Platform support team; Member(s) or Sponsor(s) will not be entitled to a refund from the Platform under any other circumstances.
5.6 We may introduce new or cancel existing Premium Features at any time and change pricing from time to time. You will be informed about any of the changes in advance via email and/or on our Platform.
5.7 You are responsible for any taxes imposed on the services provided under this agreement except in cases where legislation requires us to collect the taxes.
5.8 We reserve the right to shut down our Services or Premium Features at any time if we feel that you are abusing our system in any way. If we determine that you have abused the system in any way, and we shut down your account, we do not provide refunds for unused services.
5.9 Reselling of the Services or Premium Features to third parties is not permitted under any circumstances.
6 Cancellations and Inactivity
6.1 We may at any time terminate our agreement with you if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).
6.2 Once terminated, we may permanently delete your account and all the data associated with it.
6.3 If you do not log in to your account for twelve or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
6.4 If the Platform terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused services under this Agreement.
6.5 For all accounts, the Platform may charge an account Reactivation fee should an account need to be reactivated by a customer after an account has become de-activated due to breach of this Agreement and/or long period of inactivity.
7
Representations
and Warranties
7.1
You hereby
represent and warrant to SWYM as follows:
a.
Any content posted by
you on the Platform, and each and every part thereof (collectively "Your
Content"), is an original work by you, or you have obtained all rights,
licenses, consents and permissions necessary in order to use. If and where
relevant, you also authorize SWYM to use Your Content pursuant to these Terms
of Service, including, without limitation, the right to upload, reproduce,
store, transmit, distribute, share, publicly display, publicly perform, make
available and otherwise communicate to the public Your Content, and each and
every part thereof, on, through or via the Services, any and all services and
any third party services. For the sake of clarity, the foregoing sentence shall
only apply to Your Content posted on the Platform, and not to Your Content
stored on the Service or otherwise on servers provided by SWYM.
b.
Your Content and the
availability thereof on the Service does not and will not infringe or violate
the rights of any third party, including, without limitation, any intellectual
property rights, performers' rights, rights of privacy or publicity, or rights
in confidential information.
c.
You have obtained any
and all necessary consents, permissions and/or releases from any and all
persons appearing in Your Content in order to include their name, voice,
performance or likeness in Your Content and to publish the same on the Websites
and via any third party services.
d.
Your Content does not
contain any viruses, adware, spyware, worms, or other harmful or malicious
code; and
e.
Your Content, including
any comments that you may post on the Platform, is not and will not be
unlawful, offensive, abusive, libelous, defamatory, racist, ethnically or
culturally offensive, indecent, will not promote violence, terrorism, or
illegal acts, or incite hatred on grounds of race, gender, religion, or sexual
orientation.
f.
Your Content does not
and will not create any liability on the part of SWYM, its subsidiaries,
affiliates, successors, and assigns, and their respective employees, agents,
directors, officers and/or shareholders.
7.2
SWYM
reserves the right to remove Your Content, suspend or terminate your access to
the Service and/or pursue all legal remedies if we believe that any of Your
Content breaches any of the foregoing representations or warranties, or
otherwise infringes another person's rights or violates any law, rule or
regulation.
7.3
You hereby
acknowledge and agree that SWYM cannot and does not review the Content created
or uploaded by its Members, and neither SWYM nor its subsidiaries, affiliates,
successors, assigns, employees, agents, directors, officers and shareholders
has any obligation, and does not undertake or assume any duty, to monitor the Platform
for Content that is inappropriate, that does or might infringe any third party
rights, or has otherwise been uploaded in breach of these Terms of Service or
applicable law.
7.4
SWYM and
its subsidiaries, affiliates, successors, assigns, employees, agents,
directors, officers and shareholders hereby exclude, to the fullest extent
permitted by law, any and all liability which may arise from any Content
uploaded on the Platform by Members,
including, but not limited to, any claims for infringement of intellectual
property rights, rights of privacy or publicity rights, any claims relating to
publication of defamatory, pornographic, obscene or offensive material, or any
claims relating to the completeness, accuracy, currency or reliability of any information
provided by Members on the Platform. By using the Platform, you irrevocably waive the right to assert any
claim with respect to any of the foregoing against SWYM, or any of its
subsidiaries, affiliates, successors, assigns, employees, agents, directors,
officers, or shareholders.
7.5
You
Bear Risk of Upload. SWYM uses
reasonable security measures in order to attempt to protect Your Content.
However, SWYM cannot guarantee that there will be no unauthorized copying or
distribution of Your Content nor will SWYM be liable for any copying or usage
of Your Content not authorized by SWYM. You hereby release and forever waive
any claims you may have against SWYM for any such unauthorized copying or usage
of Your Content, under any theory of liability. We do not have any obligation
to store your content - if it’s important, you should make a copy.
THE SECURITY MEASURES
TO PROTECT YOUR CONTENT USED BY SWYM HEREIN ARE PROVIDED AND USED
"AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY
MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE
WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY
MEASURES.
8 Intellectual Property Rights of SWYM
8.1 The Services and Platform contains Intellectual Property of SWYM in the form of Platform content, graphics, videos, audios, text and any other digital content (“Platform Content”). This is an Agreement for the Services, and you are not granted a license to any Platform Content under this Agreement. Except to the extent that applicable laws prevent the Platform from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or the Platform, or Platform Content; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Platform Content in any manner other than as expressly permitted in this Agreement.
8.2 The Services shall be used for your own personal and non-commercial purpose only and you shall not use the Services or any Platform Content for your commercial benefit or commercial benefit of any third party.
8.3 You acknowledge and agree that the Services, the word marks, names and logos and all related product and service names, design marks and slogans, and all other material comprising the Services, are the property of SWYM or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by SWYM or by other parties that have licensed their material to the Platform. You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of SWYM. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain with SWYM or its third-party suppliers, as the case may be.
8.4 You acknowledge and agree that any comments, ideas and/or reports provided to the Platform (“Feedback”) shall be the property of the Platform and you hereby irrevocably transfer and assign to the Platform such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
9 Virtual Items
At times, you
may be able to purchase a limited, personal, non-transferable,
non-sublicensable, revocable license to access special limited-use features
from SWYM, referred to here as “Virtual Items.” You can only purchase Virtual
Items through SWYM or SWYM’s partners. Virtual Items represent a limited
license right governed by this Agreement, and, except as otherwise prohibited by
applicable law, no title or ownership in or to Virtual Items is being
transferred or assigned to you. This Agreement, and your purchase of Virtual
Items, does not constitute the sale of any rights in Virtual Items.
SWYM, in its
sole discretion, reserves the right to charge fees for the right to access or
use Virtual Items and/or may distribute Virtual Items with or without charge.
SWYM may manage, regulate, control, modify, or eliminate Virtual Items at any
time, including taking actions that may impact the perceived value or purchase
price, if applicable, of any Virtual Items and SWYM shall have no liability to
you for doing so. You shall not sell, redeem, or otherwise transfer Virtual
Items to any person or entity. Virtual Items may only be redeemed through our
Services.
10
Interaction with Other Members
10.1
The Platform allows the Members
to interact with other Members using the in-built chat messaging feature
(“Chat”). Two Members can Chat only if both Members give their consent by matching
with each other.
10.2
Members must use Chat at their
own discretion and risk. Although we try our best to maintain a user-friendly
and safe Platform, you hereby
acknowledge and agree that SWYM cannot and does not review the background of
its Members. Members are advised to run their own background checks before
meeting with another member.
10.3
SWYM and
its subsidiaries, affiliates, successors, assigns, employees, agents,
directors, officers and shareholders hereby exclude, to the fullest extent
permitted by law, any and all liability which may arise from interaction among
its Members.
We may provide you with emails,
text messages, push notifications, alerts and other messages related to the
Platform and/or the SWYM services, such as enhancements, offers, products,
events, and other promotions. After downloading the App, you will be asked to
accept or deny push notifications/alerts. If you deny, you will not receive any
push notifications/alerts. If you accept, push notifications/alerts will be
automatically sent to you. If you no longer wish to receive push
notifications/alerts from the App, you may opt out by changing your
notification settings on your mobile device. With respect to other types of
messaging or communications, such as emails, text messages, etc., you can
unsubscribe or opt out by either following the specific instructions included
in such communications, or by emailing us with your request at [email protected].
The Platform may allow access to
or make available opportunities for you to view certain content and receive
other products, services and/or other materials based on your location. To make
these opportunities available to you, the Platform will determine your location
using one or more reference points, such as GPS, Bluetooth and/or software
within your mobile device. If you have set your mobile device to disable GPS,
Bluetooth or other location determining software or do not authorize the App to
access your location data, you will not be able to access such
location-specific content, products, services and materials. For more about how
the App uses and retains your information, please read the Privacy Policy.
11 Third Party App Store
The following additional terms and conditions
apply to you if you download the App from a Third Party Store. To the extent
that the other terms and conditions of these Terms are less restrictive than,
or otherwise conflict with, the terms and conditions of this Section, the more
restrictive or conflicting terms and conditions in this Section will apply, but
solely with respect to the App and the Third Party Store. You acknowledge and
agree that:
1.
These Terms are concluded
solely between you and the Novel Ground Ventures and not with the providers of
the Third Party Store, and the Novel Ground Ventures (and not the Third Party
Store providers) is solely responsible for the App and the content thereof. To
the extent that these Terms provide for usage rules for the App which are less
restrictive or in conflict with the applicable terms of service of the Third
Party Store from which you obtain the App, the more restrictive or conflicting
term of the Third Party Store will take precedence and will apply.
2.
The Third Party Store
provider has no obligation whatsoever to provide any maintenance and support
services with respect to the App. Novel Ground Ventures is solely responsible
for any product warranties, whether express or implied by law, to the extent
not effectively disclaimed. The Third Party Store provider will have no warranty
obligation whatsoever with respect to the App, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty will be the sole responsibility of Novel Ground Ventures.
3.
Novel Ground Ventures, not
the Third Party Store provider, is responsible for addressing any claims you or
any third party may have relating to the App or your possession and/or use of
the App, including, but not limited to: (i) product liability claims; (ii) any
claim that the App fails to conform to any applicable legal or regulatory
requirement; (iii) claims arising under consumer protection or similar
legislation; and/or (iv) intellectual property infringement claims.
4.
The Third Party Store
provider and its subsidiaries are third party beneficiaries of these Terms,
and, upon your acceptance of these Terms, the Third Party Store provider from
whom you obtained the App will have the right (and will be deemed to have
accepted the right) to enforce these Terms against you as a third party
beneficiary thereof.
In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
12 Limitation of Liability
12.1 To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Platform and the Services, including any downloads from the Platform. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
13 No Warranties
13.1 To the maximum extent permitted by law, we provide the material on the Platform and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
13.2 From time to time down-time, either scheduled or unscheduled, may occur. the Platform will work within reason to ensure this amount of downtime is limited. The Platform will not be held liable for the consequences of any downtime.
13.3 The Platform cannot guarantee that Platform Content or Content available via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release the Platform entirely of all responsibility for any consequences of its use.
14 Indemnity
You
agree to indemnify and hold the Platform harmless from any losses (including
attorney fees) that result from any claims you make that aren’t allowed under
these Terms due to a “Limitation of Liability” or other provision. You also
agree to indemnify and hold us harmless from any losses (including attorney
fees) that result from third-party claims that you or someone using your
password did something that, if true, would violate any of these Terms.
15 Assignments
You
may not assign any of your rights under this agreement to anyone else. We may
assign our rights to any other individual or entity at our discretion.
16 Choice of Law
Laws
of the state of New York will apply to any dispute related to these Terms or
the Service. Any dispute related to the Terms, the Privacy Policy, or the
Service itself will be decided by the courts in New York City, and each party
will be subject to the jurisdiction of those courts.
17 Force Majeure
We
won’t be held liable for any delays or failure in performance of any part of
the Service, from any cause beyond our control. This includes, but is not
limited to, acts of God, changes to law or regulations, embargoes, war,
terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie
apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe
weather conditions, and acts of hackers or third-party internet service
providers.
18 Survivability
Even
if this Agreement is terminated, the following sections will continue to apply:
Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability,
and Entire Agreement.
19 Severability
If
it turns out that a section of this Agreement isn’t enforceable, then that
section will be removed or edited as little as necessary, and the rest of the
Terms will still be valid.
20 Interpretation
The
headers are provided only to make this agreement easier to read and understand.
21 Amendments and Waiver
Amendments
or changes to these Terms won’t be effective until we post revised Terms on the
Platform. That aside, additional terms may apply to certain features of the
Service. The Additional Terms will be considered incorporated into these Terms
when you activate the feature. Where there’s a conflict between these Terms and
the Additional Terms, the Additional Terms will control. If we don’t
immediately take action on a violation of these Terms, we’re not giving up any
rights under the Terms, and we may still take action at some point.
22 Notices
Any
notice to you will be effective when we send it to the last email or physical
address you gave us or posted on our Platform. Any notice to us will be
effective when delivered to us at: [email protected], or
any addresses as we may later post on the Platform.
23 Entire Agreement
These
Terms, our Privacy Policy, and any Additional Terms you’ve
agreed to make up the entire agreement and supersede all prior agreements,
representations, and understandings.