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SwagStaz, SmartWorks Inc. Terms of Service

Thank you for using SwagStaz. These terms of use (“Terms”) apply to your access and use of SwagStaz (the “Application”). Please read them carefully.

Accepting these Terms

If you access or use the Application, it means you agree to be bound by all of the terms below. So, before you use the Application, please read all of the terms. If you do not agree to all of the terms below, please do not use the Application. Also, if a term does not make sense to you, please let us know by e-mailing [email protected]. Registered users of our Applications are “Members” and unregistered users are “Visitors”. This Agreement applies to both. Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective 10 days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check SwagStaz for changes to these Terms.

If you continue to use the Application after the revised Terms go into effect, then you have accepted the changes to these Terms.

For information about how we collect and use information about users of the Application, please check out our privacy policy available at Privacy Policy

Eligibility

To use the Application, you agree that: (1) you must be the Minimum Age (defined below) or older and your registration and your use of the Application is in compliance with any and all applicable laws and regulations.

“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries including United States. However, if law requires that you must be older in order for SwagStaz to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Application is not for use by anyone under the age of 13.

Password and Account Protection

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You may not transfer your account to anyone else.

If you have reason to believe that your account has been accessed by an unauthorized entity and is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to immediately notify us at [email protected]. If you violate the terms of this Agreement, SwagStaz reserves the right to reclaim any username you have registered. Payment to SwagStaz

As applicable, you’ll honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices. Failure to pay these fees may result in the termination of your subscription. In addition:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.

You must pay us for applicable fees and taxes unless you cancel the relevant Service, in which case you agree to still pay these fees through the end of the applicable subscription period.

Taxes are calculated based on the billing information that you provide us at the time of purchase.

Delivery of Notices and Service Messages from SwagStaz

You’re okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.

If the contact information you provide isn’t up to date, you may miss out on these notices.

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date. Billing

SwagStaz plans are billed annually, however you may cancel your subscription anytime, whenever you like. We can refund up-to 6 months from the portion of unused subscription fee.

You agree to pay the Fees to us in full, without deduction or setoff of any kind, in U.S. Dollars (unless the Order Form says otherwise), payable within 45 days of the date of the invoice.

If an invoice is unpaid after 45 days, we reserve the right, in addition to taking any other action that we see fit, to charge you interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to additionally charge all expenses of recovery.

You are solely responsible for all taxes, fees, duties and governmental assessments become due in connection with the subject matter of this Agreement

Limitations on your Service

We have the right to limit how you connect and interact on our Services.

Third-Party Services and Content

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Application may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

By using the Application, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. SwagStaz generally does not review, verify or authenticate content provided by our Members or third party services. You agree that we are not responsible for third parties’ (including other Members’) content or information or for any damages as result of your use of or reliance on it.

The use of this application may also include tools that let you connect with third party services, enabling you to share your information these third party services. By using these tools/linkages, you agree that we may transfer user submissions and information to these third party service. In addition, these third party services can access information on SwagStaz related to you. The use of this third party content, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of third party websites and services. The Application makes no representations of the legality or rights of the content of these third party services or use of your User Submission or information by the third party service. Your Content And Conduct

Our Application allows you and other users to post contents. You are responsible for the appropriateness of the content that you provide which should not include:

  • Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
  • Content that is illegal or unlawful, that would otherwise create liability;
  • Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
  • Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.
  • Also, you agree that you will not do any of the following in connection with the Application
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Use or attempt to use another’s account;
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Application;
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Application, users of the Application, or third parties.
  • Misrepresent your or your child’s qualifications in any activity;
  • Misrepresent your or your child’s affiliations with a person or entity, past or present;
  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;

Also, you agree that you will

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • Provide accurate information to us and keep it updated;
  • Use the Application in a professional and/or communal manner.

DMCA Compliance

swagstaz.complies with the provisions of the Digital Millennium Copyright Act (DMCA) as it relates to online service providers, like SwagStaz. We will remove material that we believe in good faith violates someone’s copyright. If you have any complaints or objections to material posted on the Service, you may contact us at [email protected].

SwagStaz Materials

We put a lot of effort into creating the Application including, the logo, trademarks, service marks and all designs, text, graphics, articles, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it. You agree that you will not do any of the following in connection with the Application. If you do any of this stuff, we may terminate your use of the Application.

  • publicly perform or publicly display the Application;
  • Violate the intellectual property or other rights of SwagStaz, including, without limitation, using the word “SwagStaz” or our logos, trademarks in any business name, email, or URL.
  • Copy, modify or create derivative works of SwagStaz, the Services or any related technology (except as expressly authorized by SwagStaz);
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
  • use any data mining, robots or similar data gathering or extraction methods;
  • download (other than page caching) of any portion of the Application or any information contained therein; or
  • Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
  • Collect, use, copy, or transfer any information obtained from SwagStaz without the consent of SwagStaz;
  • Monitor the Services’ availability, performance or functionality for any competitive purpose;
  • Access the Services except through the interfaces expressly provided by SwagStaz, such as its mobile applications, and swagstaz.com;
  • Override any security feature of the Services;
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  • Use the Application other than for its intended purposes.

Your License to SwagStaz

  • Anything you post, upload, share, store, or otherwise provide through the Service, you retain copyright and any other proprietary rights you hold in the content that you post to the Service. For all User Submissions, you hereby grant SwagStaz a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license, in perpetuity without any time limit, to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, publish and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. This is a license only. You still own your content and information.
  • By posting and sharing User Submissions with another user of the Service, you hereby grant that user a non-exclusive and perpetual license to access and use such User Submissions.

Hyperlinks and Third Party Content

  • You may create a hyperlink to the Application. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
  • SwagStaz makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Application or websites linking to the Application. When you leave the Application, you should be aware that these Terms and our policies no longer govern.

No Warranty

THE APPLICATION AND OR ANY OTHER APPLICATION AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPLICATION ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APPLICATION AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPLICATION WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. Exclusion of Liability

IN NO EVENT WILL SwagStaz BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, GOODWILL, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR ANY OTHER APPLICATION AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO SwagStaz. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorney’s fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Application or the use of the Application by any person using your account, including any claim that your use of the Application violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms. Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Application. Account deletion/suspension may result in deletion of any content associated with your account.

Entire Agreement

These Terms constitute the entire agreement between you and SwagStaz regarding the use of the Application, superseding any prior agreements between you and SwagStaz relating to your use of the Application. If a court with authority over this Agreement finds any part of it not enforceable, you and SwagStaz agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and SwagStaz agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.

If we don’t act to enforce a breach of this Agreement, that does not mean that SwagStaz has waived its right to enforce this Agreement. You may not assign, delegate or transfer this Agreement (or your membership or use of Application) to anyone without our consent. However, you agree that SwagStaz may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement. Dispute Resolution

You agree that the laws of the State of Washington, U.S.A., shall exclusively govern any dispute relating to this Agreement and/or use of the Application. We both agree that all of these claims can only be litigated in the federal or state courts of King County, Washington, USA, and we each agree to personal jurisdiction in those courts.

Feedback

Please let us know what you think of the Application and these Terms. When you provide us with any feedback, comments or suggestions about the Application, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Questions and Contact Information

Questions or comments about the Application may be directed to us by sending email to [email protected].