Terms of use (Effective Date: Novermber, 2013)

The main points in brief.

What is allowed:
  • Download and use our apps for free.
  • Use Swimbi generated menus on any websites.
  • Use our products or menus for educational purposes.
What is not allowed:
  • Manually change Swimbi generated menu code, if you don't have purchased license.
  • Resell or redistribute our apps or menus as your own.
  • Make derivative copy of our menus for commercial purposes.
  • Claim Swimbi menu's source code or design as your own.

About the terms of use.

The following Terms of Service ("TOS") contain the terms and conditions that determine your use of the Web Site, Swimbi Services and products. These TOS describe your responsibilities and rights and what you can expect from the Swimbi Service. By using this Web Site, including use of any information, products or services presented on the Web Site, you are agreeing to be bound by these TOS and Privacy Policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with these TOS or Privacy Policy, do not access or use the Web Site or any products or information contained on the Web Site. The use of the Web Site will be deemed to be your agreement to abide by each of the terms described below and Privacy Policy. You acknowledge that we have the right to add, delete and modify any of the terms and conditions contained in this TOS, at any time, by publishing a change notice or a new agreement on the Swimbi Web Site. In the event of such changes, you may be notified by email. If any of modifications is unacceptable to you, your only recourse is to not use the Web Site and the Swimbi Service. Your further use of the Web Site following posting of a change notice or new TOS on the Web Site will indicates your acknowledgment and acceptance of the changes. Users who wish to participate in the Swimbi Affiliate Program must accept the same TOS and Privacy Policy. By entering into these TOS, you agree to Swimbi's use of your personal information in accordance with the Privacy Policy.

The Swimbi Service

Swimbi provides a number of digital products and services through the Web Site (all such services and products, in general, the "Swimbi Service"). At the moment, Swimbi allows users to browse the Web Site, download digital products and purchase services via a third party ecommerce provider. Swimbi may offer other products and services on its Web Site which may change from time to time.

Use of the Web Site and Swimbi Service

Eligibility.
Swimbi will only knowingly provide the Swimbi Service to parties that can lawfully enter into and form contracts under applicable law. If you are under 18, but at least 13 years of age, you may use the Swimbi Service only under the supervision of a parent or any legal person who agrees to be bound by these TOS. The Swimbi Service is not intended for children under the age of 13.

Your license to use the Web Site and the Swimbi Service.
Swimbi exclusively owns all intellectual property and other rights, title and interest in and to the Swimbi Service and Web Site, except of expressly mentioned in these TOS. For example, Swimbi owns the trademarks SWIMBI, SWIMBI.COM; the copyrights in and to the Web Site, and certain technology used in providing the Swimbi Service. You will not acquire any right, title or interest therein under these TOS or otherwise.

Swimbi grants you a revocable limited license to access the Web Site and use the Swimbi Service for its intended purposes, as a subject of the TOS. This license does not include the right to use information contained on the Web Site for purposes prohibited by Swimbi. In particular, to compete with Swimbi, create similar works based on the content of the Web Site, download or copy the Web Site (except of page caching). If you use the Web Site in a manner that oversteps the scope of the license or breach this TOS, Swimbi may revoke the license granted to you.

Third-party services. Swimbi may provide links to other websites that are not affiliated with, under the control of, or otherwise connected with Swimbi, and may use third parties to provide certain services accessible through the Web Site or products. Swimbi does not have any controls of the third parties, and you agree that Swimbi will not be liable for your use of such services. These third parties may have their own TOS and privacy policies. You must comply with their terms and policies when you use these services. If any the terms or policies conflict with Swimbi's TOS or policies, you must comply with Swimbi's TOS or policies, as applicable. Swimbi does not endorse or make any warranties about third party sites or any products or services found there.

Links to Swimbi website

You are granted a limited, nonexclusive right to create links to the Web Site. That does not portray Swimbi or any of its products or services in a false, misleading, derogatory or defamatory manner. This limited right may be revoked at any time for any reason.

Swimbi content, images, designs, etc.

You may not use Swimbi logo or trade name or other proprietary information including the images and menu designs found at the Web Site, the content of any text or the layout or design of any page, any form contained on a page without the express written permission of Swimbi.

General rules

Prohibited use. You may only use the Swimbi Services as explicitly permitted. You may not cause any damage to the Web Site or the Swimbi Service. Specifically you may not: 1) Interfere with the Swimbi Service by using viruses or other programs or technology designed to damage any software or hardware, 2) Modify, create similar works from, decompile or disassemble any technology used by the Swimbi Services, 3) Use a bot, spider or other tools to monitor the activity on or copy content from the Web Site, except in the operations of search engines, hit counters or similar technology, 4) Harvest email addresses or other private information from third parties by using the Swimbi Services, 5) Impersonate another person or institution, 6) Use any meta tags, search terms, etc. that contain Swimbi's name or trademarks, 7) Take part in any activity that interferes with another user's ability to use the Swimbi Services, 8) Assist any third party in engaging in any activity prohibited by these TOS.

End user license agreement. If you purchase any products or services, you agree to do so in accordance with Swimbi's End User License Agreement (EULA).

Reservation of Rights

Swimbi may modify the Web Site and the Swimbi Services at any time with or without notification, and will incur no responsibility for doing so.

Blog post and social pages etiquette

Swimbi asks that you respect the Swimbi online community. Your conduct when posting information to the Swimbi Web Site and Swimbi social pages, should be guided by common sense and basic etiquette. Additionally you agree not to:

1) Promote or offer for sale products or services. 2) Disparage the products or services of any company or person. 3) Impersonate another individual or institution or represent Swimbi staff. 4) Post link to content not allowed on the Web Site. 5) Demand or expose Swimbi user's account information. 6) Collect user information for any purpose. 7) Use ethnically offensive language, discuss illegal activity, use explicit language or post sexually explicit images. 8) Embarrass, threaten or do anything else that is unwanted by anther user.

Submissions

When you submit questions, comments, suggestions, you grant Swimbi permission to use such Submissions for marketing and other promotional purposes. You agree that Swimbi will have no obligation to keep any Submissions confidential. You will not bring a claim against Swimbi based on your rights arising from Swimbi's use of a Submission. This section does not apply to your content that you use communicating with the Support Service.

Disclaimers and Exclusions

Disclaimer of warranties. Swimbi provides the Web Site and Swimbi Services on an "as is" and "as available" basis. Swimbi does not warrant that the Web Site, Swimbi Services or its use: 1) will be uninterrupted, 2) will be free of inaccuracies or errors, 3) will meet your requirements, 4) will operate in the configuration and compatibility with the hardware or software you use. Swimbi makes no warranties other than those made expressly in these TOS, and hereby disclaims any implied warranties, including warranties of fitness for a particular purpose, merchantability.

Exclusion of damages. Swimbi will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to the use of the swimbi service, based on any cause of action, even if advised of the possibility of such damages.

Limitation of liability

In no event will Swimbi's liability according to these TOS exceed the greater of 1) the amount paid to swimbi by you during the six months preceding the event that brings about to such liability, or 2) one hundred dollars ($100).

Termination

Termination. You agree that, in some circumstances and without preceding notice, Swimbi may suspend or terminate your use of the Web Site or Swimbi Services, if it believes, that you have violated a term of these TOS. You acknowledge and agree that all suspensions and terminations will be made in the sole discretion of Swimbi and that Swimbi will not be liable to you for the termination of your admission to the Web Site.

Effect of Termination. If you or Swimbi terminates your access to the Web Site or the Swimbi Service, Swimbi may delete any content or information relating to your use of the Swimbi Service on Swimbi's servers and Swimbi will have no liability to you or any third party for doing so.

Notice

All notices required or permitted to be given under these TOS will be delivered to the other party by email. If you give notice to Swimbi, you must use the form on the page http://swimbi.com/contact/. If Swimbi provides notice to you, Swimbi will use the contact information provided by you to Swimbi. All notices will be deemed received 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

Dispute Resolution

All disputes relating to or connected with these TOS or your use of any part of the Swimbi Services will be resolved in closest competent jurisdiction court. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Swimbi Service must be asserted individually. Swimbi may seek equitable relief, including, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

Notification of Claims of Infringement

Swimbi respects the intellectual property of others, and we ask all our users to do the same. Swimbi may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@swimbi.com and provide 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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work, identification of the URL or other specific location on the Web Site where the material that you claim is infringing is located, your address, phone 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, 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.

Miscellaneous

These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the international laws without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Swimbi. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Swimbi are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect. If you have questions or concerns regarding these TOS, you should contact Swimbi by e-mailing info@swimbi.com and writing "Terms of Use" in the subject line.

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