Last updated: April 18, 2017
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.
(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.
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
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.
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.
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.
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.
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 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.
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.
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.”
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.
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
To contact Swishlinks’s Copyright Agent by email, please write to firstname.lastname@example.org with COPYRIGHT NOTICE in the subject line.
How to Contact Swishlinks
You also may write to Swishlinks at:540 N Lake Shore Dr, Unit 305