Terms

1. General

1.1 By accessing the Swell website or Swell mobile applications, or any related service, or by using Swell embedded in messenger services and applications, including via chat bots ("Service"), the user or visitor ("You", "Your", "User" or "Users"), regardless of the type of media through which the User accesses the Service, agrees to these Terms of Use including to the Privacy Policy www.swell.wtf/privacy (together the "Terms of Use"). The Service is owned, controlled and operated by dvel Inc., a company registered and incorporated in Delaware, USA, having its registered address in 1811 Silverside Road, Wilmington, DE 19810 (the "Company"). Users, who disagree with these Terms of Use or with any part of these Terms of Use, including the Privacy Policy, shall not use Service.

1.2 These Terms of Use are updated from time to time. The Company may do this at all times at its sole discretion and for a variety of reasons including to reflect changes in or requirements of applicable laws, new features or changes to its services. Users are, therefore, recommended to regularly check for the most recent version of the Service Terms of Use. Should changes include material changes having effect on the rights and obligations of the User, Users will be notified of changes via email and other reasonable means. If You continue using the Service after changes to the Terms of Use have become effective, You shall be deemed to have accepted those changes. Any questions about these Terms of Use may be directed to the following email address support@swell.wtf.

2. Eligibility

The Service is provided to a general audience, however, the Company does not provide the Service to children under the age of 13. If You are under 13 years of age, You are not permitted to access or use the Service.

3. User Account

3.1 In order to use the Service, You must create Your personalized user account ("Account"). To create an Account, You can either use Your Facebook account or submit an email address for Your registration.

3.2 You may close Your account at any time, without giving a reason by contacting the Company via the following email address support@swell.wtf.

3.3 The Company may terminate or suspend a User's Account at any time and at its sole discretion without giving prior notice and without giving a reason for termination or suspension to the User. In particular, the Company will terminate or suspend a User's account, in case the Company discovers that the User has breached these Terms of Use. If circumstances so require, the Company reserves the right to resort to other actions as it deems appropriate in such situation, including bringing claims or court proceedings against the User.

4. Use of Service

4.1 You may use the Service for Your personal purposes only. Users may not use (i) the Service, (ii) any Content (as defined below) provided through the Service, including any Content of other Users uploaded and posted to the Service, (iii) any intellectual property held by the Company, including but not limited to software codes, for any commercial endeavours, including for advertising, or soliciting any User to buy or sell products and services. Users shall have no right to purchase likes or any comparable conduct of other Users with regard to the polls. Users shall further have no right, without the Company's prior express written consent, to use any information obtained from, through or via the Service for any commercial endeavours, including advertising.

4.2 You hereby confirm that You will not use the Service in any way that causes or may cause damage to the Service or to the Company, including any impairment of the availability or accessibility of the Service, or in any way which is unlawful, fraudulent or harmful, or in connection with any unlawful, fraudulent or harmful purpose or activity.

4.3 The Company reserves the right to investigate and take any available legal action in response to any unauthorised/illegal use of the Service.

5. Content

5.1 Any content that a User uploads/posts to/at the Service, including any data, images or combination of images ("Content") that contains threats or describes, or promotes illegal activities or objectionable conduct; Content that promotes racism, bigotry, hatred or physical harm of any kind, hate speech against any group or individual; Content that is meant for causing, causes or may cause any harm to software or hardware, in particular including Content containing viruses, cancel bots, and any harmful or disruptive codes, trojan horses, time bombs, etc; Content used for or causing spamming; Content that promotes false or misleading information; Content including or consisting of data which Users have no right to make available according to any applicable law or according to any contract or other obligation; Content including or consisting of any nude, partially nude, sexually suggestive, gender-discriminatory or sexist images; Content that contains pornography; Content including or consisting of images of another person taken without such person's permission; Content violating a third party's intellectual property rights, including but not limited to any trademarks; any other illegal or harmful or inappropriate Content (any of the aforementioned Content referred to as "Inappropriate Content") must not be uploaded or posted to Service.

5.2 It is in the Company's sole discretion to decide whether any Content shall be deemed Inappropriate Content. The Company reserves the right to remove any Content, in particular Content that it deems to be Inappropriate Content, at any time at its sole discretion and without the obligation to notify the user having posted or uploaded such Content or to give a reason for such removal. The Company shall not be liable for any loss of any Content.

5.3 Any Content that You upload or post to the Service must comply with all applicable laws and regulations. The Company reserves the right at all times and in its sole discretion to investigate and to take any legal action against Users or third parties, who upload Inappropriate Content to the Service. The Company shall further have the right to access, preserve and disclose, amongst others, to law enforcement authorities and its legal advisors the Content and User's account information, if it is reasonably necessary to do so in order to protect the Company's rights or take action against Users having uploaded Inappropriate Content.

6. Intellectual Property / Licensing of Content

6.1 Unless otherwise stated, the Company is the owner of all intellectual property rights related to the Service and to any and all material, published in relation to it, which includes but is not limited to trademarks, layout, logos, texts, graphics, icons, images, sound clips, video clips, data compilations, underlying code and software etc. By using the Service, You do not obtain any right with regard to any intellectual property owned by the Company.

6.2 You warrant and represent that You are the owner of all intellectual property rights to the Content that You upload or post to or via the Service and that by uploading or posting Content to or via the Service, You are not violating any intellectual property rights of third parties.

6.3 You agree that Content You post/upload/publish to or via the Service may be viewed by third parties, including any person visiting/using the Service.

6.4 You further warrant and represent that You have all rights required to fully license to the Company the use of any Content You post or upload to or via the Service.

6.5 You acknowledge that by posting/uploading/publishing Content to/at the Service, You grant to the Company an irrevocable, worldwide, freely transferrable, royalty-free license to use the Content for its own purposes as well as to provide the Content to third parties, including to use, copy, transmit, stream, broadcast, access, view, combine, adapt, modify, distribute, sell, transfer, publicly display, publicly perform, and otherwise exploit the Content.

6.6 By using Service, You grant the Company the right to gather, analyse, combine, retain and forward to third parties data related to Your use of Service. You hereby agree that the Company shall have the right to use such information for its own purposes and provide such information to third parties for commercial purposes.

7. DISCLAIMER OF WARRANTIES

7.1 The Company strives to achieve the best possible availability and functionality of the Service. However, there will be occasions when the Service is interrupted for scheduled maintenance or upgrades, for emergency repairs and bug fixes, or due to failure of telecommunication and other supply services and equipment that are beyond the Company's control.

7.2 THE CONTENT, THE SERVERS THAT MAKE THEM AVAILABLE, AND THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.

7.3 The Company provides the Service without any representations or warranties. As the Service can be accessed through the internet which is a public system over which the Company has no control, the Company does not guarantee absence of errors, bugs, spyware, viruses, other defects, invasive, destructive or disruptive components and provides no representations or warranties regarding any information, materials and Content accessible through the Service. The Company provides no representations or warranties and expressly excludes anY liability to a CUSTOMER regarding the accessibility, availability and functionality of the Service as well as for any modification, suspension, or discontinuation of the Service.

7.4 TO THE FULLEST EXTENT NOT PRECLUDED BY APPLICABLE LAW, THE COMPANY DISCLAIMS AND EXCLUDES ALL WARRANTIES WITH RESPECT TO THE SERVICE AND CONTENT, EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVERS MAKING THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. EXCLUSIONS OF LIABILITY

8.1 AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO THE SERVICE AND USE OF THE CONTENT, YOU AGREE THAT THE COMPANY IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE CONTENT (INCLUDING THESE TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

8.2 Due to the complex and constantly changing nature of technology, the Company cannot guarantee nor does it warrant or represent that there is an error-free performance regarding the Service, including the privacy of Your personal information. Therefore, the Company shall not be liable for any direct, indirect, incidental, special or consequential or punitive damages relating to or resulting from Your use of the Service.

8.3 The Company shall not be liable for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss of corruption of any information or data, including the Content.

9. Interactions between Users

You confirm that You are solely responsible for Your interactions with other Users of the Service. The Company shall not be responsible for any conduct of a User.

10. Unenforceable Provisions

Should any provision of these Terms of Use be or found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms of Use.

11. Law and Jurisdiction

These Terms of Use are governed by the laws of Delaware. The Company and the Users shall resort to all possible measures to negotiate any dispute, controversy or claim arising out of or relating to the Service on an amicable basis. If these negotiations do not resolve the dispute, any dispute between the Company and the User shall be referred to the competent courts of Delaware.

Latest update: Fri May 12 2017