Updated May 19, 2011
By clicking that you accept these Terms and Conditions of Use of Swayable.com you agree to a legally binding contract between you, the user, and Harpcorp, Inc DBA Swayable.com ("Company" "Swayable", "we" or "us"). Harpcorp, Inc owns and operates the Swayable.com Website, ("Site"), the software, applications, and other services offered on or through the Site (collectively, the "Services"). You acknowledge that you have legal authority to enter into this contract. "User" includes all visitors to the Site, and those registered with the Site.
Usage in the United States. Our Site and Services are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Minors. Our Site is directed at those who are 18 or older, or who are over the age of 13 and have received permission from their parents or legal guardians and are accessing the Site and Services under this supervision. No one under age 13 should access this Site. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13. Protecting the privacy of children is very important to us which is why if you are under 13, you will be unable to register for an Account at this time.
Registration and Membership. In order to fully participate in our Services, you will need to register for an account. We will ask for your name, age, gender and email address. If you do not register for an Account, you can still view our Site, make comments, and vote, but you cannot create Swaybles. You must register for an Account to upload Swayables. You manage your settings by clicking on My Account If you experience a problem accessing your Account or Account Settings, please contact us at support@Swayable.com.
Pricing. We currently do not charge for our Services. Our pricing and features are subject to change upon 30 days notice, with such notice provided at any time by posting the changes to the Site and by emailing you of a change in pricing.
Limited License To Access and View Swayable Content. With respect to Content on this Site or transmitted through this Site, including but not limited to photos, you may not: (i) resell, redistribute, retransmit, republish, license, transfer, or copy any Content for any purpose; (ii) re-engineer, modify, or create any derivative work; (iii) remove or obscure any intellectual property notices; or (iv) hold yourself out as the owner or creator of the Content unless you are the owner or licensee of such Content. In addition, you shall follow our Community Guidelines.
Comments, Votes, Ratings, Feedback. While we want you to enjoy our Site, you should not include your telephone number, street address, last name or any other Personally Identifiable information on any area of our Site that is accessible by the public. You should not reference another person by a real name, or provide any other Personally Identifiable information about any person or entity. You decide how much information you want to share. We do not actively monitor postings or comments, and are not responsible for any messages, comments, or communications. Messages express the views of the author of the message, not the views of Swayable. Any user who feels that a user-posted comment or Swayable is objectionable is encouraged to report this concern by flagging it through the Flag button. Unless you are an approved advertiser, and limited to our Agreement, our Site is not intended, and shall not be used, to promote products or services not previously approved by Swayable.
Contest Eligibility. A "Contest" is a promotion that includes a prize and a winner based on a skill or a random selection from entries submitted (“Submissions”). When you enter a Contest you acknowledge that you are 18 years old, able to legally enter into this Contest, and you agree to abide by our Contest Rules that outline additional specifications for that particular Contest. No aspect of a Contest is conditioned upon the purchase of a product or payment of any kind. Contests are open to legal residents of the 50 U.S. states and the District of Columbia, excluding U.S. territories, who are 18 and older as of the date of the opening of the Contest. Contests are void where prohibited or restricted by law. Employees, contractors, and their immediate families are not eligible to enter our Contests.
Twitter Contests. To be eligible for the Contests hosted on Twitter, and to prevent a potential Twitter Account suspension by Twitter, you should follow these Rules: (i) do not use multiple accounts to enter; (ii) only enter once a day (i.e. don’t post the same tweat repeatedly); (iii) include an @reply in your update; and (iv) only use the Contest Hashtagged word on updates relevant to our Contest.
Contests and Cash Prizes. Our contestant winners receive Cash Prizes as outlined on our Site and herein. Prizes are not transferable. Should you win a Contest, you agree to provide a valid mailing address or email address. This information is confidential, used for administrative purposes, and is not shared with users. Winners agree to allow their Swayable, name, and likeness to be publicized on our Site, through our Services, and on other sites and marketing or promotional services.
All federal, state and local taxes and any other costs and expenses associated with the Cash Prize are solely the Contest winner's responsibility. Winners of Prizes valued at $600 or more will be issued IRS 1099 forms for the value of their Prizes.
Contest Disclaimer. In addition to the Terms outlined herein, and the Contest Rules, Swayable assumes no responsibility for incorrect or inaccurate contestant entry Submission whether caused by any of the equipment or programming associated with or utilized in the Contest or by any human error that may occur in the processing of the Submission in this Contest. Swayable is not responsible for any typographical or other error in the Contest, administration of the Contest, or in the announcement of the Cash Prize. If, for any reason, the Contest is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Swayable which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, we reserve the right in our sole discretion to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated prior to the stated expiration date, the Cash Prize will be drawn from the pool of Submissions that have been received up until and or after (if applicable) the time of modification, cancellation or termination, or in a manner that is fair and equitable as determined by Swayable.
Swayable shall have no responsibility or obligation to Contest winners or potential winners who are unable or unavailable to accept or utilize the Cash Prizes or who have provided the incorrect contact information. Swayable will attempt to contact winners for a period of 3 weeks and at the end of this time, if Swayable is unable to contact the winner, we reserve the right not to award the Cash Prize to the winner and instead, choose another winner based upon the Contest Rules for determining that winner, and award the Cash Prize to that subsequent winner. All Prizes are awarded "as is" with no guarantee either express or implied. All prize awards are subject to verification of eligibility and compliance with the Contest Rules and these Terms. Swayable reserves the right not to award Cash Prizes if it determines, in its sole discretion, that there were an insufficient number of Contest Submissions. All interpretations of these Contest Rules and decisions by Swayable are final.
Unless otherwise specified, we do not claim ownership of your Submissions. However, by posting, uploading, inputting, providing or submitting your Submission you are granting Swayable permission to use your Submissions in connection with the operation of its businesses. You grant us an unrestricted, irrevocable, perpetual, royalty-free worldwide license to: (i) display, use, modify, add-to, perform, reproduce, translate, transmit, distribute and publish via our Site or Services any information you send Swayable for the purposes outlined within the context of the Submission or herein and on any and all media, now known or hereafter devised, and alone or together with or as part of other information, Submissions, Content and/or material of any kind or nature; (ii) creative derivatives of Submissions; and (iii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Submission. This grant includes but is not limited to our right to replace any user affiliate identification with a Swayable affiliate identification. No Submission shall be subject to any obligation of confidence. You also grant us an unlimited, irrevocable, perpetual royalty-free worldwide license to display, use, modify, perform, reproduce, translate, transmit, distribute and publish your Submissions and your name and likeness, to promote and advertise our Site for marketing, publicity, and promotional purposes, with appropriate copyright notices given where applicable.
Abuse Flag. Since our goal is to create an entertaining and safe community, we encourage users to report cases of abuse, which include but are not limited to, activities and conduct by users prohibited or restricted by our Terms, and Community Guidelines. We reserve the right to reveal your identity (or whatever information we know about you) if a complaint or legal action arises from your behavior. Swayable has the sole discretion to terminate an Account for any reason.
RSS Feeds. Swayable delivers RSS feeds throughout its Site and Services. The content contained within these feeds is protected by intellectual property laws, and is owned and delivered by third parties. Swayable is not affiliated with the third party providers and licenses the right to display this content through our Site and Services. The content displayed is for informational purposes only and Swayable does not endorse the content, services, or products highlighted in these feeds. You are not authorized to copy, distribute, or modify this content.
Retired Swayable. If your Swayable or Submission is inactive or minimally active for a 3 month period, as determined by us, we may retire your Swayable and archive it or delete it, at our sole discretion. All Swayables are subject to being made public in the following situations: (i) after a user deletes it from his/her Profile; (ii) after a user's Account is terminated; or (iii) after 90 days, if there is minimal or no activity with the Swayable. Any Swayable that contains an identifiable person (i.e. a clearly visible face) will not be made public. Any Swayable created from a URL is automatically made public after a user removes it from his/her Profile. These Swayables will not be attached to any of your Personal Information.
Copyright and Intellectual Property. In addition to the warranties and representations set forth herein, you warrant and represent that (a) you are the copyright owner of your Submission or you have the permission of the copyright owner; (b) if you do not have the permission, you are complying with the "Fair Use" or "Nominative Use" exceptions to copyright and trademark infringement law; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) your Submission will not violate the intellectual property rights of any individuals or entities. You acknowledge that Swayable is not responsible for the accuracy of any Submissions. All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the persons from whom such content originated. This means that you, and not us, are entirely responsible for all Submissions to or through the Site and all information contained within your Account. You are prohibited from posting or submitting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, we will have no liability related to such Submissions. You further acknowledge that we do not pre-screen Submissions, but that we have the right in our sole discretion to block, restrict, modify, block access to, or the availability of, or to disable, any Submissions, or Accounts that are available via the Site. Without limiting the foregoing, we may disable or restrict access to or the availability of any Submission that violates these Terms, which is otherwise objectionable, or which we in our sole discretion decide to disable or restrict.
Copyright Infringement. We will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent by emailing us at firstname.lastname@example.org. You must include the following information:
To be effective, the notification must include the following:
- An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the location of the infringing material and information reasonably sufficient to permit Swayable to locate the material;
- Your contact information, including your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner. (This means that you are the owner, or you have written authorization from the copyright owner.)
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner's licensee. You may also be subject to criminal prosecution for perjury. Please also note that the information provided in the above legal notice may be forwarded to the person who provided the allegedly infringing content and we may choose to publish Claimant information in place of disabled Content or Submissions. If you believe that someone has copied your work, either in part or whole, please follow our procedures. Click here if you would like to file a Counter Notice.
Repeat Infringers. We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made three or more Submissions for which we receive a notice of infringement per the DMCA Copyright Guidelines outlined above.
Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. Your Submissions shall not (i) contain or imply false, inaccurate or misleading information, or likely or factually result in harm, or injury to person, animal, or property (ii) be unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, sexually explicit, or otherwise objectionable; (iii) encourage conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; (iv) promote gambling, alcohol, tobacco, ammunition or firearms, or incite violence or objectionable conduct; or (v) violate or infringe in any way upon the rights of others including but not limited to, any intellectual property rights, the right of privacy, or publicity. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for Swayable, or cause Swayable to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services. You further agree that you will not use the Site or Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by Swayable. Swayable is a community designed to allow users to compare products and services, and is not intended to be a sales forum or site.
We reserve the right to refuse Service to users for any reason. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or Content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability.
Intellectual Property and Copyright Notice. This site is controlled and operated by HarpCorp, Inc. Our software, applications, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Swayable or owned by other parties who have licensed their intellectual property to Swayable, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site's and Service's Intellectual Property may not be used without the express written permission of Swayable. You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site, Services, or users, or is likely to cause consumer confusion. Except as expressly authorized herein, material from the Site and Services may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the intellectual property, including copyrights, on our Site, please email us at copyright@Swayable.com.
Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership and refuse to provide our Site and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Swayable, and its officers, directors, employees, agents, distributors, affiliates and third party suppliers. We can also terminate this Agreement at any time, with or without cause.
Mobile Access. Our Site is accessible for viewing on mobile devices. We don't charge for viewing our Site, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will Swayable be responsible for any wireless usage charges incurred by a user.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING THE SUBMISSIONS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SWAYABLE, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY PROVIDERS, AFFILIATES, AND ADVERTISERS, FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY SWAYABLE. THE ENTIRE LIABILITY OF SWAYABLE, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, THIRD PARTY PROVIDERS, AFFILIATES AND ADVERTISERS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Swayable reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Swayable in the defense of any such claim, action, settlement or compromise negotiations, as requested by Swayable.
GENERAL RELEASE. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR INVOLVES A SWAYABLE OR OTHER SUBMISSION, YOU RELEASE SWAYABLE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND ADVERTISERS FROM CLAIMS.
Assignment and Succession. Notwithstanding any other provision of these Terms, Swayable, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
Termination. You may cancel your registration/membership at any time by writing to us at support@Swayable.com. Within a reasonable period of time from your cancellation, all of the information you submitted to our Site will be unavailable for viewing, except for Swayables, and will be deleted from our active databases, but may remain in our archives, particularly if required to be stored for legal purposes. Upon cancellation or termination, the Terms will remain in effect and legally binding, without limitation. Swayable may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You agree that if your Account is terminated for any reason, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated, you shall indemnify and hold Swayable harmless for any and all liability that we may incur.
Notice. Unless otherwise indicated, please direct notices to HarpCorp, Inc. DBA Swayable, P.O. Box 34628 #52794 Seattle, Washington 98124-1628, email@example.com. In the event we need to provide notice to you, you agree to accept notice through your Account email.
No Commercial Use. You understand and agree that you are not to use this Site or Services for commercial purposes of any sort, without previous written approval by Swayable. If you are the owner of a good or service and would like to highlight your good or service, or if you have questions about advertising on our Site, please email us at advertising@Swayable.com.
Compliance With ADA. It is our goal to comply with the ADA, making access to our services available to as many people as possible. If you have any suggestions to make access to our Site easier, please contact us, as we continue to improve our services and products.
No Product or Service Endorsements. You understand and agree that the information contained on our Site and through our Services is not intended, and shall not be used, as an endorsement of any product or service that is highlighted within a Swayable or on our Site. Photos and descriptions within Swayables are designed to facilitate comparisons of products and services only, and while use of another's trademarks and copyrights without permission is prohibited (with the user bearing sole responsibility for Submissions) it is understood that in the event of such use, use is limited to identifying a particular good or service for comparative purposes.
Copyright 2010-2011 Swayable.com. All Rights Reserved.