These Terms of Service (“TOS”) describe the terms and conditions for your access to and use of Swoop including any services provided by Swoop on or through publishers and websites (collectively the “Advertising Services.”). These TOS are effective as of January 1, 2012. By using Swoop, you agree to be bound by these TOS, which may be updated by us from time to time. Guidelines or rules posted within Swoop are also part of the TOS.
SWOOP’S SERVICES TO YOU
The Advertising Services are offered for your personal use and may not be used for any commercial purposes.
COLLECTION AND STORAGE OF INFORMATION
Through your use of the Advertising Services, you consent to the collection and storage of the information the Advertising Services collect, including the transfer of this information within the United States and/or other countries for processing and use by Swoop.
In order to register to use certain Advertising Services, you may provide certain information about yourself. You agree to: (a) provide true, accurate, current, and complete information as requested, and (b) keep your information accurate, current, and complete. If Swoop has reasonable grounds to believe that your information is untrue, Swoop may suspend or terminate your account.
ACCOUNT, PASSWORD, AND SECURITY
You are responsible for maintaining the confidentiality of any account and password information and for all activities that occur under your account and password. You agree to not hold Swoop liable for any loss or damage arising from or relating to your failure to properly safeguard your account or password. Please immediately notify Swoop of any unauthorized use of your password or account.
YOUR USE OF SWOOP
Swoop is provided for informational purposes only. You understand that all information, data, text, messages, etc., that appear in connection with your use of the Advertising Services (the “Content”), whether gathered by Swoop, or made available by you, are the sole responsibility of the person or entity from whom such Content originated. Swoop does not guarantee the accuracy, integrity, or quality of any Content. Under no circumstances will Swoop be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of Swoop.
You agree to not use the Service to: (a) access data that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan, or test the vulnerability of Swoop’s system or the Advertising Services; (d) breach security or authentication measures; (e) send promotions and/or advertising products and/or services; (f) attempt to interfere with or disrupt the Advertising Services or servers or networks connected to Swoop; (g) upload, post, email, transmit, or otherwise make available any Content that (i) is unlawful, harmful, tortious, defamatory, libelous, invasive of another’s privacy, or otherwise is objectionable, (ii) you do not solely have the right to make available, or (iii) infringes an intellectual property right of any party; or (h) violate or attempt to violate any applicable local, state, national or international law, or regulation.
Swoop may access, preserve, and disclose your account information and Content if required to do so by law or if such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Swoop, its users, and the public.
Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on Swoop, in whole or in part, is strictly prohibited.
SUGGESTIONS TO SWOOP
If you submit suggestions to Swoop through feedback or otherwise, you acknowledge and agree that: (a) your suggestions do not contain confidential or proprietary information; (b) Swoop is not under any obligation of confidentiality with respect to the suggestions; (c) Swoop shall be entitled to use or disclose (or choose not to use or disclose) such suggestions; (d) Swoop may have something similar to the suggestions already under consideration; (e) your suggestions become the property of Swoop without any obligation of Swoop to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Swoop under any circumstances.
MODIFICATIONS TO SERVICE
Swoop may modify, terminate, suspend, or otherwise adjust functions or features, without prior notice.
Swoop may terminate any Swoop account and access without prior notice. You may close your Swoop account by contacting Customer Service at customerservice@Swoop.com.
Swoop may provide, or third parties may provide, links to other websites or resources. Swoop is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content available from such websites or resources.
Swoop’s Advertising Services may be available to you with or without charge. You will have the opportunity to opt-in to any enhanced account and/or fee-based versions of Swoop that may become available.
SWOOP’S PROPRIETARY RIGHTS
The Advertising Services contain and use intellectual property that is proprietary and contains trade secrets that are protected by applicable laws. You acknowledge and agree that Content or information presented to you through Swoop is or may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SWOOP SERVICE IS AT YOUR SOLE RISK, SWOOP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SWOOP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) SWOOP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SWOOP SERVICE WILL MEET YOUR REQUIREMENTS, (ii) SWOOP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SWOOP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH SWOOP WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SWOOP IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. SWOOP EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH (i) PUSH NOTIFICATIONS TO MOBILE DEVICES, AND (ii) PHYSICAL MERCHANT RECEIPT INTEGRATION.
Swoop assumes no responsibility for, among other things, the availability of the service or the timeliness or completeness of information displayed.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWOOP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SWOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SWOOP; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF SWOOP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SWOOP; OR (v) ANY OTHER MATTER RELATING TO SWOOP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
You further agree and understand that Swoop has no liability for the loss of any information it may collect or receive in connection with your use of the Advertising Services.
You agree to indemnify and hold Swoop and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service.
SWOOP, the Swoop Logo, and other Swoop logos and product and service names are or may be trademarks of Swoop (the “Swoop Marks”). Without Swoop’s prior written permission, and except as solely enabled by any link as provided by Swoop, you agree not to display or use in any manner the Swoop Marks.
The TOS constitutes the entire agreement between you and Swoop concerning your use of Swoop, superseding any prior agreements between you and Swoop regarding Swoop. If our TOS are materially changed we will immediately post a notification on this website. Your continued use of Swoop will constitute your acceptance of any such changed TOS. The TOS and the relationship between you and Swoop shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Swoop agree to submit to the personal and exclusive arbitration of any disputes arising out of and relating to your use of Swoop under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of Middlesex, Massachusetts. You covenant not to sue Swoop in any other forum. The failure of Swoop to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
You also acknowledge and understand that, with respect to any dispute with Swoop, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:
* YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
* YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.