terms

Last updated: April 18, 2017

Swishlinks LLC (“Swishlinks”) owns the Swishlinks mobile application and the mobile web version of the application (together, the “Swishlinks App”). These Terms of Use state the terms and conditions under which you can use the Swishlinks App. By accessing and using the Swishlinks App, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and you represent and warrant that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to use the Swishlinks App, provided you do so with the consent of a parent or legal guardian who accepts the Terms of Use on your behalf. If you do not agree to any of these terms, then please do not use the Swishlinks App. These Terms of Use may be updated by Swishlinks from time to time by posting the updates on our web site.  Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.  PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY INCLUDE LIMITATIONS OF LIABILITY, A RELEASE, AND AN INDEMNIFICATION, WHICH MAY AFFECT YOUR LEGAL RIGHTS.

Description and Use of the Swishlinks App

The Swishlinks App is a social network intended for use only by individuals located in the United States.  Although designed for professional use only by professionals, as a convenience to our users the Swishlinks App offers two types of accounts:  Individual and Company.  These Terms apply to both types of accounts because the designation of type of account is simply an administrative convenience for the user.

(a) The Swishlinks App.  The Swishlinks App allows Registered Users (as defined below) to refer/introduce contacts, share contacts and information or service providers, including, without limitation, product and service reviews, with other Registered Users and to their social media contacts across multiple social media platforms.

(b) License to Use the Swishlinks App.  Swishlinks hereby grants you a limited, non-exclusive, non-transferable license to use the online version of the Swishlinks App and to download and install a copy of the mobile version of the Swishlinks App on a single device that you own or control and to run such copy of the Swishlinks App solely for your own personal use. Furthermore, with respect to any Swishlinks App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (such app, the “Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Swishlinks reserves all rights in and to the Swishlinks App not expressly granted to you under these Terms of Use.

(c) Fees.  The Swishlinks App is currently provided to you for free. However, Swishlinks reserves the right to begin charging fees at any time upon notice to you.

(d)  Other Swishlinks Properties.  The Swishlinks App interconnects, synchronizes, and operates in conjunction with other Swishlinks properties, including, without limitation, the Swishlinks website located at www.Swishlinks.com (such properties, the “Swishlinks Properties”). Your activity on the Swishlinks App, including without limitation, any User Generated Content (as defined below) you provide on the Swishlinks App, may be transferred to, published on, and used by users on any of the Swishlinks Properties.  As a social network, the purpose of the Swishlinks App is to enable you to share, transfer, publish and have others use information you provide, all as further described in our Privacy Policy.

Registration

If you would like to use the mobile app version of the Swishlinks App, you will need to download the Swishlinks App from the Apple App Store using your Apple credentials, the Google Play app store or Windows Store, or access the mobile web version of the Swishlinks App. Upon downloading or accessing the Swishlinks App, you will be required to register and create an account with the Swishlinks App.

Regardless of which version of the Swishlinks App you use, you represent and warrant that all login and authorization information you submit is your own, and is truthful and accurate and you will maintain the accuracy of such information.  You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.

Use of Personal Data

Your use of the Swishlinks App may involve the transmission to Swishlinks of certain personally-identifiable information (“Personal Information”). Swishlinks’ policies with respect to the collection and use of Personal Information are governed according to its Privacy Policy, which is hereby incorporated by reference in its entirety.

Intellectual Property

Swishlinks or its licensors retain all right, title and interest in and to the Swishlinks App, all software and technology incorporated therein, and all content made available to you through the Swishlinks App (other than User Generated Content (as defined below)), including, without limitation, Swishlinks trademarks and logos used and displayed through the Swishlinks App (collectively, the “Swishlinks IP”). Except as expressly set forth in these Terms of Use, you have no right in or to the Swishlinks IP.

E-Mail Notices

You agree to receive notices from Swishlinks at the e-mail address you provide upon registration.  It is your responsibility to check any “spam” or “junk” folds for Swishlinks notices, as Swishlinks cannot be responsible for any classification of its e-mail communications by third parties.

Advertisements

Swishlinks reserves the right to display advertisements in the Applications.

User Generated Content

Registered Users may post and/or create content through the Swishlinks App (hereinafter, “User Generated Content”).  You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and User Generated Content that you submit, post or display on or via the Swishlinks App or on the Swishlinks website.  Swishlinks cannot and does not review all User Generated Content–Swishlinks merely acts as a passive conduit for distribution of the User Generated Content to other Registered Users of the Swishlinks App.  That said, Swishlinks may remove at any time User Generated Content that does not adhere to Swishlinks’ Community Guidelines, or that is offensive or otherwise unacceptable to Swishlinks in its sole discretion.

As between Swishlinks and you, you retain all copyrights and other intellectual property rights in and to the User Generated Content. You warrant and represent that you either own, or have a sufficient license to, all User Generated Content provided through your account.  You hereby grant Swishlinks an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, display, distribute, perform, transmit, publish, broadcast, and prepare derivative works upon, your User Generated Content as reasonably necessary for Swishlinks to provide you and other Registered Users with the Swishlinks App.

Remember, once you submit User Generated Content through the Swishlinks App, including any Personal Information included therein, it may be accessible by other Registered Users and Member Businesses, and accessible to anyone using any of the Swishlinks Properties.  Please carefully consider any User Generated Content that you submit through the Swishlinks App.  You agree that Swishlinks is not responsible or liable for the conduct of any user.   As further described below, you agree to release Swishlinks from any liability relating to your use of the site, including any third party use of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL SWISHLINKS BE LIABLE IN ANY WAY FOR ANY USER GENERATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN YOUR USER GENERATED CONTENT, ANY LOSS OF YOUR USER GENERATED CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USER GENERATED CONTENT.

Community Rules

By accessing and/or using the Swishlinks App, you hereby agree that:

You will not use the Swishlinks App for any unlawful purpose;

You will not upload, post, e-mail, transmit, or otherwise make available any content that:

infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or

discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

You will not “stalk” or otherwise harass another;

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and

You will not interfere with or attempt to interrupt the proper operation of the Swishlinks App through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Swishlinks App through hacking, password or data mining, or any other means.  You are prohibited from crawling, scraping, caching or otherwise accessing any content on the Swishlinks App or the Swishlinks website via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Swishlinks’ express consent).

SWISHLINKS WILL NOT TOLERATE OBJECTIONABLE CONTENT OR ABUSE OF USERS AS DEFINED BY OUR COMMUNITY GUIDELINES.  SWISHLINKS WILL DELETE ANY CONTENT THAT IS DEEMED OBJECTIONABLE OR ABUSIVE WITHIN TWENTY-FOUR (24) HOURS OF A REPORT.  SWISHLINKS RESERVES THE RIGHT TO DELETE ANY ACCOUNT THAT POSTS OBJECTIONABLE OR ABUSIVE CONTENT.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Swishlinks through the Swishlinks App, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide Swishlinks with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Swishlinks, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Swishlinks and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to Swishlinks for any purpose whatsoever, including, but not limited to, developing, creating, and marketing products. By submitting any Unsolicited Information, you are granting Swishlinks a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Accessing and Downloading the Swishlinks App from iTunes

The following terms apply to any Apple App.

These terms are in addition to all other terms contained in these Terms of Use:

You acknowledge and agree that (i) these Terms of Use are concluded between you and Swishlinks only, and not Apple, and (ii) Swishlinks, not Apple, is solely responsible for the Apple App and content thereof. Your use of the Apple App must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.

In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App. As between Swishlinks and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Swishlinks.

You acknowledge that, as between Swishlinks and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App or your possession and use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You acknowledge that, in the event of any third party claim that the Apple App or your possession and use of that Apple App infringes that third party’s intellectual property rights, as between Swishlinks and Apple, Swishlinks, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

You represent and warrant that (i) 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 “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the Apple App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the Apple App against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the Apple App.

Accessing and Downloading the Swishlinks App from the Microsoft Store

If you access and download the Swishlinks App from the Microsoft Store, you may download, stream, and run the Swishlinks App on a minimum number of Windows Devices (see below) that are associated with your Microsoft account, without payment of any additional fees to Swishlinks.  For purposes of the foregoing sentence, the minimum number of Windows Devices is as follows: (i) for the Store on Windows 8.x operating system, up to eighty-one (81) personal Windows 8, Windows RT or successor tablets and personal computers; (ii) for the Store on Windows Phone 8.x, up to five (5) Windows Phone devices; and (iii) for the Store on Windows 10, up to ten (10) Windows Devices.

Disclaimer and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SWISHLINKS APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NONE OF SWISHLINKS, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “SWISHLINKS PARTIES”) WARRANT THAT THE SWISHLINKS APP, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE SWISHLINKS PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR MOBILE DEVICE, COMPUTER, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SWISHLINKS APP.

IN NO EVENT SHALL ANY OF THE SWISHLINKS PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF ANY SWISHLINKS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE SWISHLINKS PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE SWISHLINKS PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SWISHLINKS APP IS TO STOP USING THE SWISHLINKS APP.

PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, RECOMMENDATION, USER CONTENT, INFORMATION OR STATEMENT AVAILABLE ON THE SWISHLINKS APP AND THE SWISHLINKS SITE. A POSSIBILITY EXISTS THAT THE SWISHLINKS APP OR SITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE APP OR SITE BY THIRD PARTIES. ALTHOUGH SWISHLINKS ATTEMPTS TO ENSURE THE INTEGRITY OF THE SITE, THE SWISHLINKS PARTIES MAKE NO GUARANTEES AS TO COMPLETENESS OR CORRECTNESS OF THE SWISHLINKS APP AND THE SITE.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE TO RELEASE SWISHLINKS FROM LIABILITY IN CONNECTION WITH THE SWISHLINKS APP AND YOUR USE OF THE SWISHLINKS WEBSITE.  BY ACCESSING THE SWISHLINKS SITE AND USING THE SWISHLINKS APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

External Sites

The Swishlinks App will contain links to third-party websites and mobile applications (“External Sites”), but Swishlinks does not endorse and is not responsible for the content of any linked External Sites.  Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You agree to defend, indemnify, and hold the Swishlinks Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Swishlinks App; (iii) any User Generated Content provided through your account; or (iv) your violation of any third-party right, including without limitation any intellectual property or privacy right.

Compliance with Swishlinks Applicable Laws

The Swishlinks App is based in the United States, and is intended to be used only by residents of the United States.  Swishlinks makes no claims concerning whether the Swishlinks App, Swishlinks IP or any User Generated Content may be viewed or be appropriate for use outside of the United States.  If you access the Swishlinks App, the Swishlinks IP or the User Generated Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination

Swishlinks may terminate these Terms of Use, your account, and your access to all or any part of the Swishlinks App at any time and for any reason without prior notice or liability.  Swishlinks reserves the right to change, suspend, or discontinue all or any part of the Swishlinks App at any time without prior notice or liability.

Procedure for Claims Under the Digital Millennium Copyright Act

If you believe the Swishlinks App contains any content that infringes your copyright, please contact Swishlinks’ Copyright Agent, as detailed below, 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 Swishlinks App;

Your address, telephone number and email address;

A 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; and

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 duly authorized to act on the copyright owner’s behalf.

To contact Swishlinks’s Copyright Agent by regular mail, please write to:

Swishlinks Copyright Agent
540 N Lake Shore Dr, Unit 305
Chicago, IL 60611

To contact Swishlinks’s Copyright Agent by email, please write to support@swishlinks.com with COPYRIGHT NOTICE in the subject line.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through the Swishlinks App shall be governed by and construed in accordance with the laws of the State of Illinois, and will specifically not be governed by the United Nations Conventions On Contracts For The International Sale Of Goods, if otherwise applicable. Except for proceedings commenced by Swishlinks to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in Cook County, Illinois.  These Terms of Use contain the entire agreement of the parties concerning the Swishlinks App, and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

How to Contact Swishlinks

If you have any questions or comments about these Terms of Use or the Swishlinks App, please contact Swishlinks by email at support@swishlinks.com.

You also may write to Swishlinks at:

540 N Lake Shore Dr, Unit 305
Chicago, IL 60611