By using our Services and/or creating a Mobile Application by using our Services and/or creating an account by using our Services, you hereby accept and agree to Swiftic Membership Agreement available at http://app4mobilebiz.wpengine.com/swiftic-membership-agreement.html, and incorporated herein by reference.
You may not use the Website if you are not over the legal age of majority in your local jurisdiction, as the Website are not intended for anyone under the legal age of majority. In no event should anyone under the age of 13 years old use the Website. Please note that the Website is not directed to children under the age of 13.
The Website provides you with information, various tools, features and functionality, and enable you to customize, maintain and administer mobile application(s) (which are available for download from app store(s)) web applications, web pages or websites, as well as other solutions, products, services, Content and forums to interact with other users via specific programs and blogs, which all can be used and/or displayed via the internet, mobile phones and/or any other current or future platform or media supported by Swiftic (the “Services”). “Content” means data, information, graphics, links, web pages, signs, images, software and code, files, texts, photos, audio or video, sounds, visual works, musical works, works of authorship, and components.
Additionally, your use of certain Services and Content may also be subject to disclaimers, legal notices, terms, click-through agreements or other legal agreements (collectively, “Additional Terms”). These Additional Terms may be posted on the Website or sections of the Website where applicable. As a result, certain Services may not be accessible by you until you agree to the applicable Additional Terms. These Terms and, where applicable, the Additional Terms, form a legally binding agreement between you and us regarding your access and use of the Website, Services and any Content. In the event of any conflict or inconsistency between these Terms and any such Additional Terms, the Additional Terms shall control. The Services are provided for your convenience only, without any obligation by Swiftic to provide any technical support or any other type of assistance.
Access and Use of the Website and Services
We hereby grant you permission to use the Website, provided that you: (i) fully comply with these Terms; (ii) will not copy, distribute or modify any part of the Website or use the Website for any purpose other than for using our Services; (iii) will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; and (iv) will not disrupt servers or networks connected to the Website.
You agree not to: (i) access or use the Website, Services and/or Content in any manner that could damage, disable, overburden, or impair any of our Services, accounts, computer systems or networks; and (ii) attempt to gain unauthorized access to any parts of the Website, Services and/or Content, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Website or any of our accounts, computer systems or networks.
Access to and use of password-protected or secure areas of the Website is restricted to authorized users only.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “crawlers” and “offline readers” that access the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. We grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not to cache or archive such materials.
You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below) or otherwise.
Certain of our Services permit commercial use as specifically identified in connection with such Services. All commercial use of the Website and/or Services must be in accordance with the terms herein and the specific terms pertaining to those Services. Illegal and/or unauthorized use of the Website, Services and/or any Content, or any portion thereof, including, but not limited to, unauthorized framing of or linking to the Website is prohibited. Any such use shall be deemed to be a violation of these Terms.
Your Account on the Website
In order to access some features of the Website, you will have to create an account and become a “Swiftic Member”. By creating your account, you agree to provide true, accurate, current and complete information about yourself and your business (as applicable) as prompted by our registration processes, and to maintain and update your information, as needed. You agree not to share your account log in information, password or other account information with anyone. You may not use another user’s account without obtaining prior written permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
You are solely responsible for maintaining the confidentiality of your account, password or other account information and for any activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account or any other breach of security that you become aware of involving or relating to your account. You will be liable for any use of your account or password, including without limitation, our losses due to any unauthorized use of your account. We will not be liable for any losses incurred by you or anyone on your behalf and caused due to any unauthorized use of your account.
You agree to notify us immediately of any unauthorized use of your account, password or other account information.
If you wish to delete your Account you may send an email request to at email@example.com.
Proprietary Rights of Swiftic
Swiftic retains all right, title and interest in and to the Website, Services and Content, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, the “Swiftic’s IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of Swiftic’s IP shall inure to the benefit of Swiftic, and you shall not: (i) contest, or assist others to contest, our rights or interests in and to Swiftic’s IP or the validity of our rights in and to Swiftic’s IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said Swiftic’s IP. All rights in Swiftic’s IP which are not expressly granted herein are reserved by Swiftic. You hereby agree to assign and do assign to Swiftic any modifications or derivative works of any Services and/or Content made by you in contravention of the foregoing limitation.
You agree not to remove, obscure or alter any notices of Intellectual Property Rights or disclaimers appearing in or on the Website, Services and/or Content.
All rights to use any of Swiftic’s copyrights, trademarks, service marks, trade names, trade dress, logos, slogans, copyrighted designs or other brand features (collectively “Brand Features”) are wholly owned by Swiftic or by its respective subsidiary. Any use of the Brand Features, and any goodwill therefrom, shall inure to Swiftic’s benefit, and shall be subject to Swiftic’s Use of Marks Policy. If you are seeking permission to use any of our Brand Features please contact our legal department at: firstname.lastname@example.org.
To the extent that we solicit User Submissions (defined below) through features or activities on or through the Website (including games, sweepstakes, contests, promotions and blogs that require the use of Swiftic’s IP (in whole or in part), we hereby grant you a non-exclusive license as required solely for the purpose of creating your User Submissions; and subject to the terms below with respect to User Submissions.
Some sections of the Website (such as message boards, blogs, forums, sweepstakes or comments) may provide you and other visitors of the Website with the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, musical compositions (including lyrics), sound recordings, characterizations, creative works or other information, messages, transmissions or materials, including your name and likeness, to Swiftic or others (collectively, “User Submission”).
User Submission License. By posting, submitting or uploading User Submission to any part of the Website, you represent and warrant that it complies with these Terms, and you acknowledge and agree that you are granting Swiftic a perpetual, irrevocable, unlimited, worldwide, royalty-free, transferable (in whole or part), sub-licensable right and license to (the “Submission License”): (a) use, reproduce, copy, display, create derivative works from, license, modify, adapt, publish, translate, distribute, perform, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, edit, modify, synchronize with visual material, incorporate in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Submission and transcode the User Submission to appropriate media formats, standards or mediums (in each of the foregoing cases, in whole or in part); and (b) offer to sell, sell, lease, assign and otherwise transfer to third parties the right to use, exhibit and otherwise use, exploit or distribute the User Submission (in whole or in part and as altered by Swiftic in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter developed, without compensation to you for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution to you, and without the requirement of any permission from or payment to you or to any other person or entity.
Your Rights in your User Submissions. You represent and warrant that: (a) you have the right and authority to grant the User Submission License to us; (b) our exercise of the rights granted pursuant to the User Submission License will not infringe or otherwise violate any third-party rights; and (c) all so-called “moral rights” in the User Submission have been waived to the full extent allowed by law. Further, you represent and warrant to Swiftic that your User Submission is original work made or created by you or that you have all right, title, and/or authority to grant the User Submission License to Swiftic. In addition, you represent and warrant that your User Submission does not infringe or violate any rights of any third party or entity, including, without limitation, any Intellectual Property Rights, defamation, privacy, publicity or any other similar right. If your User Submission includes images, photos or video of individuals other than you, then before you post such User Submission on the Website, you must have the express consent of everyone who appears in the User Submission in order to submit the User Submission for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child’s parent or legal guardian.
Subject to the User Submission License you grant to Swiftic hereunder, you shall continue to retain all rights in and to your User Submission. Nothing in these Terms shall limit you from selling or licensing your User Submission to any other person or entity.
Your Liability for your User Submissions. You are solely responsible for your User Submission and any consequences of posting or publishing it on the Website whether as part of a message board, forum, blog, application you create or otherwise. These sections of the Website are public and not private, and you acknowledge and agree that you have no expectation of privacy with respect to any User Submission posted or published in any such section of the Website. Please carefully consider the User Submission you choose to post on any section of the Website. You should not include any personal information of yours or other third party such as full name, telephone number, photo or street address, as part of your User Submission. We cannot guarantee the security of any information you disclose through the Website; you make such disclosures at your own risk.
Further, you are solely responsible for any interaction with other users or visitors of the Website and/or Services. We reserve the right but shall have no obligation to monitor disputes between you and any other user or visitor of the Website.
Legality of User Submissions. You agree that your User Submission (or any content made available therein) will not: (i) be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) create a risk to a person’s safety or health, to public safety or health, compromise national security, or interfere with an investigation by any law enforcement; (iii) promote illegal drugs, violate export control laws, or relate to gambling or arms trafficking; (iv) be unlawful, defamatory, abusive, libelous, threatening, harmful, vulgar, obscene, profane, pornographic, harassing, hateful, inaccurate, racially or ethnically offensive, or otherwise objectionable material or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any applicable local, state, national or international law or regulation; (v) infringe or violate any right of a third party including: (a) any Intellectual Property Right, right for privacy or other proprietary or contractual rights; or (b) any confidentiality obligation; (vi) contain any virus or other harmful component, or otherwise tamper with, impair or damage the Website or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website; or (vii) include any “flaming”, “spamming”, “flooding” and/or “trolling” mechanism, as those terms are commonly understood and used on the Internet.
Monitoring or Removal of User Submissions. You grant the User Submission License to Swiftic whether or not your User Submission (or any part thereof) is actually posted on the Website or used by Swiftic. You acknowledge and agree that Swiftic may, at its sole discretion, elect to post or not post your User Submission on its Website, or to remove your User Submission from its Website after it has been posted or published, at any time, for any reason and without notice, and not to use, exhibit or otherwise exploit your User Submission in any manner whatsoever. You further acknowledge and agree that you post, submit or upload your User Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between Swiftic and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Submission.
Additionally, as we do not permit copyright-infringing activities and infringement of any Intellectual Property Rights on our Website, we will remove all content and User Submissions if we are properly notified that such content or User Submissions infringe on any person or entity’s Intellectual Property Rights. In addition, we will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violates these Terms.
Indemnification respecting your User Submissions. You understand that when using the Website, you may be exposed to User Submissions, from a variety of sources, that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us harmless to the fullest extent permitted by law regarding all matters related to your User Submissions.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY POSTING, SUBMITTING, OR UPLOADING USER SUBMISSION TO ANY MESSAGE BOARD, BLOG, FORUM, SWEEPSTAKES, APPLICATION YOU CREATE OR ANY OTHER AREA ON THE WEBSITE, YOU HEREBY EXPRESSLY PERMIT SWIFTIC TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH USER SUBMISSION IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH YOUR USER SUBMISSION.
You may submit an article to the Swiftic blog via the Website for consideration. We reserve the exclusive right to choose what articles to publish and are not obligated to provide you with a reason for rejecting your submitted article. In addition, while we are under no obligation to do so, once published, we reserve the right to remove and permanently delete your article without notice, and for any reason to our sole discretion. If your article is accepted by us, you may place a link to your article on our Site from your website or other websites.
Blogger License: By submitting your article, you hereby grant us a perpetual, royalty free, non-exclusive (except for the first sixty days) license to use the Content of your article in our sole discretion, so long as we give you writer’s credit.
We may accept the article but request you to edit the article, and you may elect to do so or not. However, if you elect not to edit it in accordance with our reasonable requests, we may revoke our acceptance of the article for publication on our Site. We further reserve the right to revoke our acceptance even if you do elect to edit it per our request if our needs have changed in the intervening time period.
You must supply us with your information for your writer’s credit, along with any website which publicizes your writer’s credit information. We will be happy to publish this information at the beginning or end of the article (based solely on our editorial judgment). However, we ask that you refrain from promoting yourself, your company and/or your products in the body of the article.
We may publish additional guidelines which will apply to Guest Bloggers.
Requests to Remove Content
Any requests to remove copyright-infringing content from the Website, or counter-requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy, available at: http://app4mobilebiz.wpengine.com/swiftic-copyright-policy-2.html.
Links to Third Party Sources and Content
The Website may enable you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content“). The Site may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
By using the Site you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against [Client Name], and release [Client Name] from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
Payments made by you under these Terms (if any) may be processed by Swiftic or a third party appointed by Swiftic for such purpose such as BlueSnap Inc. (the “Payment Processor”), and which may be replaced from time to time, at Swiftic’s sole discretion.
All payments (if any) are made in currency as available by the Payment Processor, and are nonrefundable unless specified otherwise under the respective service.
All fees hereunder are exclusive of all taxes, levies, or duties imposed by the taxing authorities. You acknowledge and agrees that you will bear and be responsible for all applicable taxes, duties and other governmental charges imposed on you with respect to these Terms.
Changes and Notices
We reserve the right, at our sole discretion, to amend these Terms, at any time, without notice to you. Please check these Terms periodically for changes. If we modify these Terms, we will post the modification on the following link: http://app4mobilebiz.wpengine.com/swiftic-website-terms-of-use.html. We will also update the “Last Updated Date” at the bottom of this page. The revised Terms will be effective when posted. You may access the updated Terms by clicking on the “Legal” link which is included at the bottom of each web page of the Website. By continuing to use the Website after we have posted changes to the Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website or Services.
Further, we reserve the right, at our sole discretion, to modify, change or discontinue any part or all of the Website and/or the Services and/or their scope or availability, at any time, without notice to you. Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH, THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
Website and Services’ Availability
The availability and functionality of the Website and Services depend on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. SWIFTIC DOES NOT WARRANT THAT THE WEBSITE AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
Change or Termination of Operation
At any time, we reserve the right, without notice, to do any of the following: (1) modify, suspend or terminate the operation of or access to the Website, Services and/or Content or any portion thereof, for any reason; (2) modify or change the Website, Services and/or Content or any portion thereof, and any applicable policies or terms related thereto; and (3) interrupt the operation of the Website, Services and/or Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Disclaimer of Warranty
THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SWIFTIC DOES NOT GUARANTEE THAT THE WEBSITE, SERVICES OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, SERVICES AND/OR CONTENT WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE WEBSITE, SERVICES AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SWIFTIC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATABILITY. SWIFTIC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE, SERVICES AND/OR CONTENT. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, SERVICES, CONTENT AND ANY WEBSITE LINKED THERETO. YOUR SOLE REMEDY AGAINST SWIFTIC FOR DISSATISFACTION WITH THE WEBSITE, SERVICES AND/OR CONTENT IS TO STOP USING THE WEBSITE, SERVICES OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SWIFTIC BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SWIFTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT; (III) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE WEBSITE AND SERVICES; (IV) ANY FAULT OR ERROR MADE BY ANY MEMBER OF SWIFTIC OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICES; (V) ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE WEBSITE OR SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICES OR CONTENT. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO CEASE ANY USE OF THE WEBSITE AND/OR SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWIFTIC FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO SWIFTIC FOR USING THE WEBSITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You agree to defend, indemnify and hold harmless Swiftic, and its subsidiaries, and its respective officers, directors, employees and agents, licensors, licensees, distributors, agents, representatives and other authorized users, and each of Swiftic, and its subsidiaries, respective resellers, distributors, service providers and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) incurred by the Indemnified Parties in connection with or arising from: (i) your use of the Website, the Services and/or the Content; (ii) your violation of these Terms and/or any Additional Terms; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You agree to comply fully with all U.S. export laws and regulations, including: section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act, to ensure that the Website, the Services or the Content are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the Website, the Services or the Content to any U.S.-embargoed country. By accessing, using or downloading the Website, the Services or the Content (as applicable), you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “State Sponsors of Terrorism”; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Termination of Your Account
We may limit, suspend or terminate your account and/or your ability to access the Website and your use of the Website or any areas of the Website, Service or any Content provided on or through the Website, in our sole discretion, immediately, and/or limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these Terms and/or the applicable Additional Terms. You agree that we shall not be liable to you or any third party for any limitation, suspension or termination of your access to or use of the Website, Services or any Content.
You agree that in the event we discontinue, terminate or suspend your account, you shall not attempt to re-register with or access the Website or Services through use of a different user name or otherwise.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Swiftic, for which monetary damages would be inadequate, and you consent to Swiftic obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
If any Swiftic Member does take any legal action against you as a result of your violation of these Terms, such member will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to such Swiftic Member. You agree that we will not be liable to you or to any third party for termination of your access to the Website or the Services as a result of any violation of these Terms.
Governing Law, Jurisdiction
These Terms and your use of the Website will be governed by and construed in accordance with the laws of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Israel.
The Courts located in Tel-Aviv-Jaffa shall have sole and exclusive jurisdiction over you and Swiftic and the subject matter of these Terms. Each party hereby expressly consents to personal jurisdiction in Israel and expressly waives any right to object to such personal jurisdiction or the convenience of such forum.
The following sections shall survive the termination or expiration of these Terms: Proprietary Rights of Swiftic, User Submissions, Requests to Remove Content, Privacy, Disclaimer of Warranty, Limitation of Liability, Indemnification, and Governing Law & Jurisdiction.
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Website, Service or any Content, at:
Conduit Ltd. (“Swiftic”)
2 Ilan Ramon Street
Ness-Ziona, Israel 7403635