Effective Date: Mar 8th, 2019
Welcome to our site. The following Terms and Conditions are made available to you (“You” and “Your” refers to you, the person accessing this website) to help you navigate our website and understand the "do's" and the "dont’s" concerning your use of our site. When you use the site and register, we (We” and "Us," refers to Swomi") consider that a binding agreement that you agree and accept the Swomi’s terms and conditions. Sometimes we might find it necessary to update these terms, at our discretion, and to change, modify, add, to these Terms at any time. Changes made to these Terms will be posted on the homepage of the Site for a reasonable period after such changes are made, we will also change the "Last Updated" date at the top of this web page. Please check these terms periodically for changes. Your continual use of this site will mean you accept those changes.
Swomi Group International, Ltd ("Swomi," we," us") is an "experience” based content driven marketing technology with monetization features where Users can connect links, channels, pipelines, syndication, streams, networks, communications, and other digital media and data to dynamically track, increase and optimize metrics for ideas, brands, passions, products and services.
Websites such as Swomi, swomibuzz.com, and swomichat.com (“Site” or sites of “Swomi”), as well as all related websites and subdomains, applications, browser extensions, and other Services provided by us (collectively, together with the Site, our “Service”), and in connection with our customer, vendor, and partner relationships.
Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“EEA” means the European Economic Area, which includes the member states of the European Union and three additional countries in Europe.
We adopted the principles of the GDPR on User rights with variation to take into account the differing conditions in the US and on Aggregation through non-identifiable methods as outlined in the Policies for functions of the Services.
1. CODE OF CONDUCT
1.1 When you set-up an account, it is your unique and personal account. You cannot create a false identity or impersonate any person, this includes falsely indicating that you are a Swomi official or representative, guide, another member or host or that you are a celebrity or public figure;
1.2 You cannot sell, transfer, license or allocate any given rights to your account;
1.3 We ask that you provide true, accurate, current information when you register on our site;
1.4 You are responsible for maintaining the privacy of your account and will be held accountable for all usage that occurs under your password or account;
1.5 You agree to notify Swomi as soon as you suspect any suspicious activity on your account or any other breach of security;
1.6 It is illegal to use the login identifications of other members;
1.7 We have forbidden the following behavior on our site: anyone who defames, stalks, bullies, abuses, harasses, terrorizes, or identity theft of another person or entity;
1.8 We will prosecute to the extent available by law anyone who uses our website for any illegal purpose. This may include credit card theft, theft of social security number, non-published phone numbers, and email addresses;
1.9 Do not try to disable the site or functionality networks by transmitting any worms, viruses, or any other method of a destructive or disruptive nature;
1.10 Use Swomi’s name, logo, trademark or branding in a way that confuses people about your affiliation with Swomi;
1.11 Post large amounts of repetitive content, post unsolicited messages in comments, descriptions, or try to falsely boost views, comments or other manipulation of your account. You also can't use cloaking, off-domain redirects, or any other technical measures to do any of these, or to intentionally obscure a Posts final destination;
1.12 Use Meta tags, hidden text or metadata with our trademark, logo, and URL or product name without our written consent;
1.13 Use Swomi member information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Swomi to send altered source-identifying information.
1.14 Try to reverse engineer any of Swomi’s software;
1.15 Try to interfere with any Swomi member, host or network, for example by sending a virus, overloading, spamming, mail bombing, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content;
1.16 Collect or store personally identifiable information from Swomi or its members without their permission;
1.17 Impersonate or misrepresent your affiliation with any person or entity, including Swomi;
1.18 Do anything that violates applicable law or regulations;
1.19 Sell your username or otherwise transfer it for compensation;
1.20 Access, tamper with or use non-public areas of Swomi, our systems or our technical providers' systems;
1.21 Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks;
1.22 Use any undocumented or unsupported method to access, search, scrape, download or change Swomi or anything on it;
1.24 As set out in our Communities Guidelines.
2. RESPONSIBLE DISCLOSURE STATEMENT
2.1 The website and all content, server and network elements are provided on an “as-is” and “as-available” basis, without any warranties of any kind to the fullest extent permitted by law, and Swomi expressly disclaims any and all warranties, whether express or implied;
2.2 The Swomi site does not guarantee that the Swomi and content are accurate; error-free; viruses-free or any other harmful elements. As with any content any member interacts with, caution should be used in the use of any content or materials. Swomi members will be solely responsible for any damages to members device or computer, or other harm;
2.3 Swomi will endeavor to correct any vulnerability issues if we have enough details about the issue and you, the member, allow us a reasonable amount of time to fix the vulnerability before making any info public;
2.4 We’ll let you know we got your report, and we’ll give you an estimate of how long the fix will take, and we will tell you when we’ve fixed the vulnerability.
3. ORDERING FROM OUR WEBSITE
You can select a product, service or subscription and place it in the Shopping Cart or complete the order form without any obligation to complete the purchase. If you wish to purchase the product, click the button "Checkout" or "Checkout with Stripe or PayPal" after you have entered your personal and payment information. Please follow the instructions. After entering your details and selecting your preferred method of payment, you can start payment by clicking on the button "Pay "and conclude the ordering procedure. You can abort the transaction at any time by closing your browser window.
4. ORDER CONFIRMATION
You will immediately receive an automatic email confirmation and acceptance of your Payment transaction from Swomi and Stripe or PayPal. With this email, the contract comes into effect.
We accept all major Credit/Debit Cards and PayPal. Our Terms are payment in advance before receipt of goods. All goods remain the property of the Swomi until paid for in full. We will seek recovery of any monies remaining unpaid thirty days from any unauthorized charge-backs from your credit card. In such event, you shall be liable for any additional administrative and court costs. You agree to be responsible for all charges resulting from the use of your account, including charges stemming from unauthorized use of your account before taking steps to prevent such occurrence by changing your password and notifying.
5.1 Swomi uses Stripe to transfer funds and process payments. For a User to be eligible to receive payment, they must reside in a country supported by Stripe. A list of countries supported by Stripe can be found here: https://stripe.com/global. You can find more information at https://stripe.com.
5.3 Content that is published and available for the Swomi application are immediately eligible to be monetized via our engagement algorithm that tracks engagement and signals. These earnings are calculated similar to a CPM basis, and we may change or modify this algorithm and/or rate at any time;
5.4 Once you’ve accumulated $25.00 (USD) in your account, you’re able to withdraw your earnings. It may take between 3–5 days for these fund to appear in your bank account. The earnings that appear in your account are tracked in USD, but Stripe will automatically calculate the conversion once you withdraw if you’re located outside the United States.
6. CANCELLATION POLICY
You are free to cancel your subscription at any time. Please see our Refund Policy.
7. TERMINATION OF AGREEMENTS AND REFUNDS POLICY
8. LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than www.Swomi. The inclusion of these hyperlinks to such websites does not imply an endorsement of such websites. Such hyperlinks are provided for your information and reference only. We do not control these sites, as such; it is up to you to take measures to ensure that whatever links you select is free of such items as viruses, and defects and other items of a destructive nature. We may provide some content that does not originate with www.Swomi. This content is the ownership and responsibility of the third party that makes it available. We do not review content by default, but we may review content to determine whether it is illegal or violates our policies.
9. USER IDEAS
Swomi may accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, "User Ideas"). As well you assign to us all of your right, title and interest in Feedback. We do not have, and will not have, any obligation whatsoever for compensation to you. You must not transmit any User Ideas to or through the Websites, Services, or Third Party Platforms, or to Swomi that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and will and need not be treated as such. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to Swomi, including any concepts, know-how or ideas, you hereby grant Swomi a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Ideas in connection with the Website and Swomi's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. Swomi is not obligated to review, evaluate, publish, or use any User Idea.
10. TERMINATION OF SITE AND SITE ACCESS
We are always changing and improving our Services. From time to time we’ll post safety, community, and security guidelines and you agree to follow them. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. If we discontinue a Service, we will give you reasonable notice and a chance to get information out of that Service. We reserve the right to deny access to the site to any person whom we have reasonable grounds to believe may be using the site for an illegal or unauthorized purpose or in a manner that is disruptive of our site. If Swomi cancels your subscription, we will not have any liability to you for any time spent by you accessing or using the website and services, content associated with your Account, or for any reason whatsoever, including, but not limited to, for violation or suspected violation of the Terms. For example, your account may be terminated without warning if Swomi believes you are under 13 years of age; or if Swomi has reasonable grounds to suspect personal account information you have provided is untrue, inaccurate, not current, or incomplete. Upon termination, your right to access and use of the website, materials, and services will immediately cease. Swomi also reserves the right to refuse services to anyone and to remove content, submissions, or materials for any reason whatsoever in its sole discretion. You understand value cannot and will not be attributed to the time you may spend creating topics, creating content, and/or creating any other digital and/or virtual objects. You agree you will not be compensated under any circumstances for any topics of Submissions, regardless of whether you are barred from access to them.
11. CONTENT & DATA
You own your Content, you also license to us of Your Content. By transmitting Your Content through the Services you grant to us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable right, with the right of sublicense, to use and exploit the copyright, publicity, trademark, database and other rights in your Content & Data. You also waive any and all moral rights and publicity rights in Your Content & Data. (If you are from the EEA, the waiver does not apply.)
11.1 Data includes but is not limited to Personal Data, User Data and other Data used in the platform and Services;
11.2 You also grant to other Users the right to re-post Your Content;
11.3 You have the rights to give us such a license;
11.4 You are assuring us that our exercise of these rights will not infringe on or otherwise violate the rights of any third party;
11.4 You are assuring us that you own Your Content and if you don’t own it, that you have a license to use it or some other legal basis for that use and in any case and that it doesn’t break any laws of breach any contract or agreement;
11.5 If You are responsible to pay royalties to someone else when Your Content shows up on one of our Sites, then it’s entirely up to you to do so;
11.6 We grant you a non-exclusive, limited, revocable and non-transferable license to view and share the Content of other Users as long as it is solely for your personal, informational, and non-commercial purposes in compliance with this Agreement;
11.7 You cannot alter attribution of creation or authorship;
11.8 You post elsewhere at your own risk as with some of our Services you are permitted to share User Content on other social media networks. These shares or postings will be subject to the policies and user agreements of such networks;
11.7 Any suggestions, ideas, comments or other feedback you provide are assigned to us. You assignment is all of your right, title and interest. We do not have, and will not have, any obligation whatsoever for compensation to you;
11.8 Your access to and use of Content is at your own risk and you will be solely responsible for any damage or loss to you or any other party that results. You understand that we will not always pre-screen User Content and that we are not, and will not be, responsible for policing, monitoring, or editing User Content or for any inaccuracy of User Content. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate;
11.9 Other people’s opinions are not ours. You’ll find references to and opinions about a vast range of topics;
11.10 We respect the intellectual property rights of others. If you believe that Content infringes your copyright, then contact us about it below. You’ll need to read our Copyright Policy (which is part of this Agreement) for the details of the procedure;
12. INTELLECTUAL PROPERTY
The Website, all images, and content including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto on this site are the sole and exclusive ownership of this site. Registering on our site does not give you license or property rights in or to any of the materials are conveyed to you by this agreement or by your purchase of any product or services from the website. The DMCA laws of the United States protect all copyright material on this site. This site and the materials accessible on our site may not be copied, distributed, published, licensed, used or reproduced in any way. The Logos used on our site are trademarks, which belong to Swomi, and they may not be copied or reproduced in any way. The Intellectually Property may not be used by you for any purpose without Swomi's prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not Swomi's, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Swomi. Nothing contained on the Websites or available on any Third Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, Swomi and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.
13. TECHNICAL DATA
14. PRIVACY STATEMENT
Swomi is committed to protecting your privacy. We monitor our systems and data to ensure the best possible service to our customers.
15.1 The Swomi site excludes all liability for damages arising out of or in connection with your use of this Swomi. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Swomi of the possibility of such potential loss), damage caused to your computer, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages;
15.2 Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties;
15.3 If you’re not in the US you can still use our platform but you can only do so if it’s acceptable under the laws where you live. We cannot assure you that access from such countries would not put you at risk. You are responsible for compliance with applicable local laws;
16. ADVERTISING POLICY
We believe promoted content should make the Swomi experience better for everyone. To make sure of that, we've put together these promoted content principles and rules.
16.1 Guidelines Be authentic. Promote content you offer; Be Legal. Obey applicable laws and regulations; Illegal activity no Imitation or counterfeit goods; Be safe and keep others safe. Do not promote spam or other content Respect the rights of others; Be authentic. Authenticity means being truthful and honest about the product or service you're promoting; Be Accurate. Accurately reflect your product, service or brand, don’t make misleading or exaggerated claims and Use an accurate destination URL. We reserve the right to reject, approve or remove any content that negatively affects our relationship with people on our website or goes against our interests. We may also remove ads or categories of ads that get lots of negative feedback from Members. These rules may change at any time;
17. MOBILE TERMS
The Websites and Materials, including Services available on or through Third Party Platforms, may include versions designed for mobile content that may be viewed on mobile devices (the "Mobile Site"). In order to use the Mobile Site, you must have a wireless mobile device capable of two-way messaging and wireless service through a participating mobile service provider. You agree that are solely responsible for all charges that you incur from your mobile service provider for your use of the Mobile Site. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details.
Swomi attempts to ensure the integrity of our website and services. But in the possibility there is any error or inaccuracies with the website, subscription services, or any service on or through a Third Party Platform, we make no guarantees as to any website or material’s completeness or correctness. In the event there is a situation where the website’s completeness or correctness is in question, please contact us at customersupport@Swomi.com. In the subject line, please write “Inaccuracies in Website” and, if possible, a description of the inaccuracy and the URL where the issue can be found. We will try to address your concerns as soon as reasonably practicable.
19. LIMITATION OF LIABILITY
Users agree to defend, indentify and hold harmless Swomi and our agents, and employees for any and all costs, fines, claims, damages, charges, or fees (including reasonable attorney's and expert witness' fees) arising because of your purchase or use of the website. Any claims resulting from the sale of goods promoted or made available through this program except where limited by law. Failure to enforce any provision, assert any right or insist on performance of any provision of this Agreement in any instance shall be deemed a waiver of the ability to enforce such provision, assert such right, or insist on the performance of such obligations in the future.
19.1 If other people sues us or threatens to sue us and the claim is based on (or it is believed to be based on) something you did with the Services (including Content), or if it is because you broke one of your assurances or other obligations in this Agreement or did something that caused us damage such as violating the Community Guidelines, then you shall defend, indemnify and hold us (and some additional entities described below) harmless from any and all claims, actions, demands, losses, liabilities or damages (including reasonable attorneys' fees and other related costs) arising out of or related to; (i) your use of the Services and/or Content; (ii) otherwise from Your Content; (iii) your violation of this Agreement or of the Community Guidelines; or (iii) your violation of any law or rights of a third party;
19.2 The “other people” referred to in that paragraph include our affiliates and each of our and their respective officers, agents, contractors, directors, suppliers, representatives, partners, members and employees;
19.3 We have the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses;
19.4 Some of the limits listed above may not apply to you because they are not permitted by the law that applies to you. In such cases, our liability will be limited to the fullest extent permitted by that law. For example, if you are a consumer in the EEA then many of these limits might not apply to claims you have. The limits in your local law are likely to apply.
If any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be entirely valid, binding, and enforceable. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
21. GOVERNING LAW & ARBITRATION
The laws of Washington govern these Terms and Conditions. Members agree to resolve any dispute exclusively in the jurisdiction of the Courts located in Washington. For the purpose of litigating all such disputes. The Provider's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
21.1 You and we agree the provisions in this section on Governing Law shall be used and you are also giving up your right to participate in a “class action lawsuit”.
(i) First, you and we to try to resolve disputes through informal discussions. Please contact us with the writeen details to email@example.com and we’ll get back to you by the email attached to your account.
(ii) We will then have to go to arbitration in most situations.
(iii) We both waive of right to a jury trial. You and we each waive the right to a trial by jury or to participate in a class action lawsuit.
(iv) This statement above means that you and we cannot go to court and we cannot have a jury trial to resolve disputes. You knowingly, voluntarily and intentionally waive any right you may have to a trial by jury by agreeing to this provision.
(v) We can go to court when we have a claim against you about intellectual property. If we believe that you have violated or you could violate intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Washington.
(vi) We both waive the right to participate in class action suits. You and we agree that neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
(vii) You understand that you are giving up that right of participating in a class action suit.
21.2 The U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. You can find the complete rules we’ll follow at adr.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this Agreement taking into consideration the exceptions specified below;
21.3 The American Arbitration Association ("AAA") will administer the arbitration using the Consumer Arbitration Rules then in effect for the AAA. Those rules specify how a neutral arbitrator is chosen by both parties and the scope of discovery. Arbitration will be conducted in King County, Washington (unless you and we decide in writing on another location). Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules. You and we can agree to adjust the application of those rules as to the type of meeting for claims less than $10,000;
21.4 If the AAA does not set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services in Washington;
21.5 The arbitration decision is final and it can be enforced. The arbitrator will issue a written decision that explains the findings and the reasoning leading to them. The arbitrator can award damages (and other remedies or awards) but won’t have authority to award damages, remedies or awards that conflict with this Agreement. Either party can ask a Washington state or federal court to enforce the decision;
21.6 We each have one year to make a claim. Regardless of any statute or law to the contrary, any claim or cause of action must be filed within one (1) year after such claim or action arose;
21.7 If you are a consumer and not a business in the EEA then the arbitration process and limits on class action lawsuits do not apply to you. When the waivers do not apply then you and we agree that disputes will be handled exclusively through lawsuits handled under the section on “Governing Law.”
21.8 If you are a consumer in the EEA you can sue us in the courts of the country in the EEA you claim as home. Businesses, however, still have to do so in Washington;
21.9 Only Washington courts can be involved. Except for those of you who are consumers from the EEA who can sue in your home jurisdiction, you and we consent to the exclusive jurisdiction and venue of the state and federal courts of Washington, subject to the arbitration provisions above. These courts will have authority over enforcing any remedies resulting from arbitration. You agree that the Swomi platform, Services and Content, and we, are deemed a passive website that does not give rise to jurisdiction in any other jurisdiction over us or our subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general.
22. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you the Member and the Provider and govern your use of the Service. If any provision of these Terms and Conditions is found by a court to be invalid or unenforceable, the Parties nevertheless agree that the remaining provisions of the Terms and Conditions remain in full force.
22.1 You consent to these terms and they become binding when you visit any of our sites. You need to stop doing so if you do not agree to the terms. Your employee (and/or client) is also consenting;
22.2 You have to be legally able to enter into a binding contract. This means that you cannot be under 18 years of age, or the minimum age specified in your jurisdiction.
23. CONTACT US
For information on our products or services, you may contact:
Swomi Group International, Ltd
701 5th Avenue, Suite 4200