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
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.