By
using the SwipeMoi community (the "Community") that SwipeMoi.com
("SwipeMoi", "us", or "we") operates on our app,
currently located at http://www.SwipeMoi.com (the "App"), you agree
to be bound by these Terms of Service (this "Agreement"), whether or
not you register as a member of the SwipeMoi Community ("Member").
The SwipeMoi services (the "Services") consist of the Community and
the App.
If you wish to become a Member, communicate with other Members, and make use of
the Service, read this Agreement and follow the instructions in the
registration process. This Agreement sets out the legally binding terms for
your membership and may be modified by SwipeMoi from time to time.
1. ELIGIBILITY. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY
INDIVIDUALS THAT ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. BY ACCESSING AND
USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST EIGHTEEN (18)
YEARS OLD. By using the Services, you represent and warrant that you have the
right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you
are merely surfing or browsing through the App and have not yet registered to
become a Member, your use of the App is still subject to this Agreement; if you
do not agree to this Agreement, do not use the Services. Registering with fake
ages will result in a permanent ban from the app.
2. PASSWORD. When you sign up to become a Member, you will also be asked
to choose a username and a password for your Member profile. You are entirely
responsible for maintaining the confidentiality of your password. You agree not
to use the Member profile, username, or password of another Member at any time.
You agree to notify us immediately if you suspect any unauthorized use of your
Member profile or access to your password. You are solely responsible for any
and all use of your Member profile.
3. TERM. This Agreement will remain in full force and effect while you
use the Services and/or are a Member. You may terminate your membership at any
time, for any reason by sending an email here with the Subject 'Account
removal' and your account username and password as subject. WARNING,
be aware of scamms, and check that you are sending to the correct email
address.
4. NON-COMMERCIAL USE BY MEMBERS. The Services are for the personal use
of individual Members only, and may not be used in
connection with any commercial endeavors. This includes providing links to
other websites, whether deemed competitive to SwipeMoi or otherwise.
Organizations, companies, and/or businesses may not become Members of SwipeMoi
and should not use the SwipeMoi Services for any purpose. Illegal and/or
unauthorized uses of the Services, including unauthorized framing of or linking
to the App will be investigated, and appropriate legal action will be taken.
5. PROPRIETARY RIGHTS IN THE SERVICE. SwipeMoi owns and retains all
proprietary rights in the Services. The Services contain the proprietary
information ("Intellectual Property") of SwipeMoi, and its licensors,
including other SwipeMoi Members. Except for Intellectual Property which is in
the public domain or for which you have been given written permission, you may
not copy, modify, publish, transmit, distribute, perform, display, or sell any
such Intellectual Property and the provision of such Intellectual Property to
you through the Services does not transfer to you or any third party any
rights, title or interest in or to such Intellectual Property, including,
without limitation, any intellectual property rights in any Content and
material included therein.
6. CONTENT POSTED ON THE SERVICES. You understand and agree that
SwipeMoi may (but is not obligated to) review any classified ads, content,
communication, information, Intellectual Property, material, messages, photos,
videos, URLs, profiles and the like (collectively, "Content") that is
published or displayed (hereinafter, "posted") on the Services and
delete any such Content that in the sole judgment of SwipeMoi violates this
Agreement or which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of other Members or third parties. You are
solely responsible for the Content that you post on the Services,
or transmit to other Members or third parties. By posting Content to any
area of the Services, you automatically grant, and you represent and warrant
that you have the right to grant, to SwipeMoi an irrevocable, perpetual,
non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute,
publicly display and perform (including by means of a digital audio
transmission), and otherwise use Content and to prepare derivative works of, or
incorporate into other works, such Content, and to grant and authorize
sub-licenses of the foregoing. In addition, you represent and warrant that you
have the right to post the Content and you will not post any illegal or
prohibited Content and will not infringe, misappropriate, violate or contravene
any third party rights (including, without limitation, any intellectual
property rights). The following is a partial list of the kind of Content that
is illegal or prohibited on the App ("Prohibited Content"). SwipeMoi
reserves the right (but is not obligated) to investigate and to take appropriate
legal action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending Content from the Service
and terminating the membership of such violators. Upon registering for
SwipeMoi, you agree that some or all of your user information such as email,
age, general interests, etc, may be used by 3rd party sources.
Prohibited Content includes Content that:
(a) is patently offensive to the online community, such as Content that
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
(b) harasses or advocates harassment of another person;
(c) involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
(d) promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
(e) promotes an illegal and/or unauthorized copy ("pirated") of
another person's copyrighted work (whether marked as such, or not), such as,
but not limited to, providing pirated computer programs or links to them,
providing information to circumvent copy-protection mechanisms, or providing
pirated music, video or other pirated Content, or links to such pirated music,
video files, or files that contain such other pirated Content;
(f) contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
(g) displays pornographic or sexually explicit material of any kind and in any
form;
(h) provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18;
(i) provides instructional information about illegal activities such as, but
not limited to, making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses; or
(j) solicits passwords or personal identifying information of any kind for
commercial or unlawful purposes from other users; and engages in commercial
activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid schemes.
You must use the Services in a manner consistent with any and all applicable
laws and regulations. You may not include in your Member profile any telephone
numbers, street addresses, last names, URLs or email addresses. You may not
engage in advertising to, or solicitation of, other Members to buy or sell any
products or services through the Services. You may not transmit any chain
letters or junk email to other Members or other parties. Although SwipeMoi
cannot monitor the conduct of its Members off the Services, it is also a
violation of these rules to use any information obtained from the Services in
order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or solicitation,
SwipeMoi reserves the right to restrict the number of emails and other
communications (including sharing of Content) which a Member may send to other
Members in any twenty-four (24) hour period to a number which SwipeMoi deems
appropriate in its sole discretion.
7. YOUR MEMBER PROFILE. Any Content used for or photographs posted by
you in your Member profile may not contain nudity, violence, sexually explicit
(revealing underwear), or offensive subject matter. You may not post a
photograph of another person without that person's permission. You are to understand
that SwipeMoi reserves the right to ban, or delete any user profile, at any
time, for any reason that we choose.
8. ACCOUNT PROBLEMS. We are doing our best to keep your photos and
comments online, and yet our team of programmers are working to optimize every
single part of the App. Though if any bugs or problems occur and your account
cannot be accessible, we cannot be held responsible.
9. COPYRIGHT POLICY. You may not post, distribute, or reproduce in any
way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such proprietary
rights. Without limiting the foregoing, if you believe that your work has been
copied and posted on the Services in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information: an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the
material that you claim is infringing is located on the App; your address,
telephone number, and email address; a written statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
10. MEMBER DISPUTES. You are solely responsible for your interactions
with other Members. SwipeMoi reserves the right, but has no obligation, to
monitor disputes between you and other Members.
11. RELEASE. To the extent permitted under applicable laws, you hereby
release SwipeMoi from any liability related to: (a) any incorrect or inaccurate
Content posted on the Services, whether caused by any user of the Services or
Member, or by any of the equipment or programming associated with or utilized
in the Services; (b) the conduct, whether online or offline, of any user of the
Services or Member; (c) any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or Content players on account of
technical problems or traffic congestion on the Internet or at any website, or
combination thereof, including injury or damage to user's and/or Member's or to
any other person's computer related to or resulting from participating or
downloading materials in connection with the Services; (d) any loss or damage
caused by Content posted on the Services or transmitted by and to Members, or
any interactions between users of the App and/or Members, whether online or
offline; and (e) any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, App user or Member communications.
If you are a California resident, you hereby waive California Civil Code
Section 1542, which states: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which, if known by him must have materially affected
his settlement with the debtor."
12. DISCLAIMER. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE
SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND SwipeMoi EXPRESSLY
DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT AND SwipeMoi DOES NOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM THE USE OF THE SERVICES. SwipeMoi DOES NOT ASSUME ANY
OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
13. LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE
LAWS, SwipeMoi SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
(INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
SwipeMoi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, SwipeMoi'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE GREATER OF (1) ANY AMOUNT PAID BY YOU TO SwipeMoi FOR THE
SERVICES; AND (2) FIFTY U.S.DOLLARS (US$50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. U.S. EXPORT CONTROLS. Any software provided by SwipeMoi through the
Services (the "Software") is further subject to United States export
controls. No Software may be downloaded from the Services or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, Sudan, or any other Country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant that
you are not located in, under the control of, or a national or resident of any
such country or on any such list.
15. ELECTRONIC COMMUNICATIONS. The communications between you and
SwipeMoi use electronic means, whether you visit the App or send us emails, or
whether SwipeMoi posts notices on the Services or communicates with you via
email. For contractual purposes, you (a) consent to receive communications from
SwipeMoi in an electronic form; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that SwipeMoi
provides to you electronically satisfy any legal requirement that such communications
would satisfy if it were be in writing. The foregoing does not affect your
non-waivable rights.
16. INDEMNITY. You agree to indemnify and hold SwipeMoi, its
subsidiaries, affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of
the Services in violation of this Agreement and/or arising from a breach of
this Agreement and/or any breach of your representations and warranties set
forth above.
17. PERMISSION. You agree that if you are under the age of 18 years, you
have first hand permission by a parent/guardian that
you are allowed to use this App.
18. OTHER. This Agreement contains the entire agreement between you and
SwipeMoi regarding the use of the Services. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full force
and effect. Notwithstanding any other provisions herein, no party will be
deemed as a third-party beneficiary to this Agreement and a third party
(including another Member) who is not a party to this Agreement has no right to
enforce any term of this Agreement. If any provision of this Agreement is found
to be invalid or unenforceable, such provision will be changed and interpreted
to accomplish the objectives to the greatest extent possible under any
applicable law and the remaining provisions will continue in full force and
effect. The failure of SwipeMoi to exercise or enforce any right or provision
of this Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal or
contractual effect. Please contact us with any questions regarding this
Agreement.
19. BE YOURSELF. No fakes Don't pretend to be someone else. Honestly,
you'll get way more friends just for being yourself. Copyrights are important
to us and if you don't own rights to a photo, don't post it.
20. BE RESPECTFUL. SwipeMoi doesn't tolerate threats, bullying,
harassment or hate speech. Doing this kind of thing will get your account
deleted and possibly reported to the police.
21. MAKING SEXUAL PROPOSITIONS. Making sexual propositions or sexual
innuendos to anyone under the age of 18 years old is against our terms of
service and illegal in many places. This kind of activity will get your account
deleted and reported to your local police. Seriously don't do it.
22. SPAM AND REPETITIVE POSTING. Spam is really
annoying. The SwipeMoi community doesn't like it so don't post pictures
or comments in a repetitive or automated way to promote things like your
account, a website or a product.
23. IN APP PURCHASES. Generally. From time to time, SwipeMoi may offer
additional products and services for purchase (“in app purchases”) through the
App Store ℠ authorized by SwipeMoi (a “Software Store”). If you choose to make
an in app purchase, you will be prompted to enter details for your account with
the mobile platform you are using (Apple) (“your IAP Account”), and your IAP
Account will be charged for the in app purchase in accordance with the terms
disclosed to you at the time of purchase as well as the general terms for in
app purchases that apply to your IAP Account. App Store ℠ may charge you sales
tax, depending on where you live. If you purchase an auto-recurring periodic
subscription through an in app purchase, your IAP
Account will be billed continuously for the subscription until you cancel.
After your initial subscription commitment period, and again after any
subsequent subscription period, your subscription will automatically continue
for an additional equivalent period, at the price you agreed to when
subscribing. If you do not wish your subscription to renew automatically, or if
you want to change or terminate your subscription, you will need to log in to
your IAP account and follow instructions to cancel your subscription. If you
cancel your subscription, you may use your subscription until the end of your
then-current subscription term; your subscription will not be renewed after
your then-current term expires. However, you won’t be eligible for a prorated
refund of any portion of the subscription fee paid for the then-current
subscription period. Please refer to the terms of your application platform
which apply to your in app purchases.