You may use the Services only if you can form a binding contract with Swaray and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Agreement to Terms
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. The Services that Swaray provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Swaray may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
If you want to use certain features of the Services you’ll have to create an account (“Account”) and become a registered user (“User” or “Fan”). It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. We reserve the right to force forfeiture of any username, Fan Page name or NFT All Access Pass name for any reason.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Swaray cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You are responsible for all activities that occur under your account, whether or not you know about them.
When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account you must be at least 13 years old. In order to withdraw funds from a Swaray account, you must be at least 18 years old with (i) a valid social security number or tax-payer identification number, or (ii) have a parent/guardian’s valid tax ID number, or (iii) have a valid taxable or non-profit Employer Identification Number (“EIN”). You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately at email@example.com if you believe your account is compromised.
You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. You can find more detailed information in the Community Guidelines and Security Policy. These policies cover most issues, but if you find a new and creative way to hurt Swaray or our community we may take action to prevent it.
Account Creation and Fan Pages
To become a Content Creator, simply create an account and create a Fan Page. When you join Swaray, you become part of the Swaray community. You can use the tools and features that Swaray provides, showcase your live, pre-recorded and photo/image Content, sell one-time pay-per-view videos and monthly subscriptions (collectively “Content”), mint NFT All Access Passes (“NFTs”), and receive recurring revenue from your Fan Page and associated Content. NFT All Access Passes are for your most passionate Fans. On Swaray, you can provide your Fans something exciting that gives them unique benefits they want, like additional access, exclusivity, and engaging experiences. In turn, you will receive loyal support from your Fans, and recurring revenue from monthly subscriptions and NFT All Access Passes that Fans have purchased from you on Swaray.
As a Content Creator you make your Content, subscriptions and NFT All Access Passes available on Swaray, and we provide the infrastructure to be able to sell access to your Content on a pay-per-view, subscription or All Access Pass basis. Fans buy Swaray points (“Swaray Points”) on Swaray that allow them to purchase access to unique Content all across the Swaray platform and you, the Content Creator, receive $0.009 per point when you decide to redeem your Swaray Points for cash via PayPal or Stripe. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes. You can redeem your earned Swaray Points for cash, but you cannot redeem purchased Swaray Points for cash. Once Swaray Points are purchased, they can only be gifted, donated or used to purchase access to Content. Unfortunately, Users could otherwise launder money on the Swaray Platform if we allowed Users to redeem points that they purchased. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payment block, please reach out to us at firstname.lastname@example.org. In order to protect Content Creators, we may block Users’ payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.
Monthly Subscription Purchases
Fans can also purchase Content from Content Creators on a recurring, monthly subscription basis. Monthly subscriptions entitle Users to all of a Content Creators’ Content in exchange for a fixed monthly payment. Swaray facilitates the monthly purchase of Swaray Points or the debit of Swaray Points from a User’s account (if available in said User’s account) in exchange for access to monthly unlimited access to Content from an individual or a series of Content Creators. All monthly subscription purchase payments are processed on the monthly anniversary of the month following the monthly subscription commitment by the User (See Terms of Commitment) and continue on the monthly anniversary until such subscription is terminated by the User. In the event that a User terminates their monthly subscription mid-month, the monthly subscription shall continue to provide the User with the same Content access/benefits until the end of the monthly anniversary, without refund for the period from termination request until aforementioned monthly anniversary.
NFT All Access Pass Purchases
NFT All Access Passes on Swaray provide Fans with lifetime access to all Content created by Content Creators on Swaray. NFT All Access Passes are minted on Swaray and the underlying smart contracts are recorded on the Polygon blockchain. NFT All Access Passes are purchasable at prices and in numerical denominations as determined by the Content Creator, the price and number of which are offered is not governed by Swaray. In addition, Swaray does not represent or warrant that the Content Creator or the Content produced by the Content Creator will exist for any period of time beyond the immediate date that the Content is available on Content Creator’s Fan Page. Swaray cannot and will not be held liable for any Content that is available or not available on any Fan Page that may or may not be available beyond the date of Purchase. NFT All Access Passes are purchased and resellable on the Swaray NFT Marketplace at market prices set entirely by the Content Creator in the case of a First Issuance and at prices set by the seller in the case of a secondary sale. The market prices for Swaray NFT All Access Passes can and will fluctuate and may increase or decrease for reasons beyond the control of Swaray, Users or Content Creators. Users who chose to speculate on the value of NFT All Access Passes may lose 100% of the value of the NFT All Access Pass that they purchase. Swaray explicitly advises all Users that it does not control NFT All Access Pass prices and will not be held liable for any losses incurred by any User for any purchase of any number of NFT All Access Passes. Speculative purchases of NFT All Access Passes with the intent of capital appreciation is extremely risky and can result in a User incurring a 100% loss of their purchase price. All fees for purchases and sales of NFT All Access Passes on Swaray are borne by the seller, with no fee charged to the buyer. Swaray always charges a 10% fee to the seller and a $10/NFT fee for each First Issuance to cover the cost of minting and administering the NFT on the Polygon blockchain.
NFT All Access Pass Usage
NFT All Access Passes provide specific utility to Users in the form of lifetime access to the entire catalog of Content from the Content Creator who minted and sold the NFT All Access Pass. In addition, Content Creators can offer additional platform benefits to owners in the form of early access to Content and exclusive Content and functionality outside of the Swaray Platform in the form of access to off-line/in-person events and other opportunities at the option of the Content Creator. In order to provide functionality outside the Swaray Platform, each NFT includes a unique QR Code on the Swaray Platform that can facilitate in-person redemption/use of the QR Code as proof of NFT All Access Pass ownership.
Selling NFT All Access Passes
NFT All Access Passes are minted by Content Creators and sold on Swary at fixed prices offered by the Content Creator. Swaray has no input or influence into the prices offered to buyers by the Content Creators and makes no representation or warranty as to the value of any NFT All Access Pass bought or sold on Swaray or bought or sold on any third-party platform. All Users on Swaray represent and warrant that they understand that the value of all NFT All Access Passes can and will fluctuate based on market demand, the frequency, attractiveness and quality of Content produced by the Content Creator and that the value of any NFT All Access Pass can go to zero at any time. NFT All Access Passes are collectible, tradeable NFTs that include the utility of providing lifetime access to a specific Content Creator’s Content on Swaray. Users expressly understand and agree that NFT All Access Passes may be purchased at values that in no way represent their fair market value and that Swaray does not control prices offered, nor does Swaray facilitate an orderly buyer or seller market in NFT All Access Passes. Swaray merely provides a marketplace for Users to buy and sell NFT All Access Passes. Swaray does limit the first issuance (“First Issuance”) number of units and maximum dollar amount of each NFT All Access Pass minting offered by any Content Creator to 100 units at $100 each in order to facilitate a liquid and active marketplace for each First Issuance. Buyers and can be offered to be re-sold by
Buying and Selling Swaray NFT All Access Passes on Other Trading Platforms
NFT All Access Passes that are minted and sold on the Swaray Platform must be held in a third-party non-custodial wallet (examples include MetaMask, Rainbow, Crypto.com, Trust Wallet, etc.). Swaray provides a simple connection to a variety of crypto wallets via WalletConnect for the ease of the User. All NFT All Access Passes must be sold on the Swaray Platform via the Swaray Marketplace and all NFT All Access Passes have a unique, embedded identification number that is recorded on the Polygon blockchain each time it is purchased. In the event that a User purchases a NFT All Access Pass on the Swaray Platform, that NFT has to be held in a third-party, non-custodial wallet that is neither controlled by nor accessible by Swaray and will be held as such until it is sold. If that User desires to sell their NFT All Access Pass at any point in the future, they can either sell it on the Swaray Marketplace or they can sell it via any other means available to them (other NFT marketplaces such as Open Sea, directly to another person, etc.). In the event that an NFT All Access Pass is sold in any capacity other than on the Swaray Marketplace, that specific NFT All Access Pass loses any and all utility on the Swaray Platform as determined by matching the owner/User attempting to utilize that NFT on the Swaray Platform with the last recorded owner/User with the unique NFT identifier created when the NFT is minted. If a User purchases an NFT All Access Pass outside of the Swaray Marketplace, that NFT’s unique identification number and the User identification number will not match and that NFT will provide no utility to its new owner until and unless a platform utility fee (“Platform Utility Fee”) is paid to Swaray in the amount of $10.00 or an equivalent amount of Swaray Points. Swaray highly recommends that Users only purchase and sell NFT All Access Passes on the Swaray Platform in order to avoid paying the Platform Utility Fee.
Redemption of Swaray Points
As a Content Creator on Swaray, we make monetization simple and you always earn $0.009 per Swaray Point or approximately 90% of the Swaray Point revenue received from Users purchasing points. For example, if the Content Creator charges 500 points for a monthly subscription, the Content Creator can redeem $4.50 from the 500 points they earned (500 x $0.009 = $4.50).
Swaray Point Purchases
Users can purchase Swaray Points via Apple Pay, via a variety of crypto currencies or via a multitude of credit/debit cards on the Swaray website. Swaray Points can be purchased in a variety of tiered packages and monthly subscription packages that provide more points at each payment tier and even more points when purchased as part of a monthly subscription. For example, Users paying with Apple Pay receive 600 points for $9.99, 1,250 points for $19.99 and 3,250 for $49.99 and 700, 1,400 and 3,500 points respectively for each of the same monthly subscription purchase prices.
Point Purchase Fees
Users pay a small payment processing fee in addition to their selected payment tier that Swaray has to pay to Stripe, our payment processing partner. The payment processing fee in US Dollars is 2.9% plus $0.30 per purchase. Stripe payments from Users outside the United States have an additional 1% fee.
You can see how much processing fees are for any purchase or subscription prior to processing the payment transaction.
Depending on an individual Users’ locations, some banks may charge Users a foreign transaction fee for their payment. Swaray does not control this charge, but it is typically around 3.0%.
We collect tax identification information and report this to the appropriate tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received on the Swaray Platform. By default, we withhold 10% of the income earned by any Content Creator to pay for taxes (“Withholding Taxes”). Users are free to increase, decrease or eliminate the Withholding Taxes at the time that a User first inputs their tax identification information, but if a User elects to reduce their Withholding Taxes below 10%, the User is required to sign an attestation document (“Attestation Document”) acknowledging and agreeing that they are solely responsible for paying all relevant and required taxes on any amount earned on the Swaray Platform.
We are additionally responsible for collecting state sales tax as a result of ‘marketplace laws’ within the United States. For the purpose of electronically-supplied services, Content Creators make a supply of those services to us, and then we supply them to the User.
We don’t allow Content that violate our policies. You can learn more by visiting our Guidelines. A summary of the Content that we don’t allow on the Swaray Platform is as follows:
Adult or Pornographic Content.
Content with real people engaging in sexual acts.
Content that is abusive towards other people.
Content that uses others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.
Content that violates any US or International law or rule of law.
If your Fans include people under the age of 18, then please remind them that they need parental or guardian permission to join your Fan Page, and those under the age of 13 cannot use Swaray.
We are not required to allow any particular person or group of persons to access your Content.
As a Content Creator you are also responsible for keeping User data safe to the extent that you record or retain any of it. User accounts and Fan Pages are tied to your Content and cannot be sold or transferred for use by another Content Creator.
All about being a Fan
A Fan is someone who views or purchases Content from Content Creators on Swaray. Through a variety of ad hoc purchases, monthly subscription purchases and purchases/ownership of NFT All Access Passes on Swaray, Fans can watch Content from Content Creators, directly interact with Content Creators and engage with other Users on the Swaray Platform.
As a User/Fan, you’re joining Swaray to be part of an exciting movement to provide financial support to a wide variety of Content Creators, Athletes, Teams and Schools. In return, you get access to view unique Content which may include the opportunity to directly interact with Content Creators, acquire merchandise (when offered), enjoy in-person events and interact with other Users on the Swaray Platform.
The timing and amount of each purchase or subscription is individually determined by each Content Creator. You can see the details as you join, as well as in the receipt sent to you after each successful payment.
You can view all your Content purchases, gifts (given and received), monthly subscriptions and NFT All Access Pass purchases/sales and a complete billing history on your Profile Page.
You may cancel your monthly subscription payments at any time. Annual subscriptions may be cancelled, or increased, but not lowered. Terminating monthly or annual memberships will go into effect in the subsequent (not current) payment term. Increasing a monthly or annual subscription to a higher tier level will go into effect in the current payment term. When you increase your payment for an annual subscription during the term, you will get a credit for any payment already made in that term.
For monthly or ad hoc, per creation payments, canceling your subscription may result in your immediate loss of access to any or all of the Content from that Content Creator.
These include when you cancel your monthly or annual subscription, your payment method fails, the Content Creator blocks you, or the Content Creator deletes their account. We are not required to allow you to be a Fan of any particular Content Creator and we assume no responsibility for ensuring that any Content Creator produces Content on any recurring basis or ever. Users/Fans are entirely responsible for assessing whether to purchase Content, monthly or annual subscriptions or NFT All Access Passes from a Content Creator. Swaray assumes no responsibility over the quality, quantity or frequency of Content created by any Content Creator on the Swaray Platform.
We attempt to screen for fraudulent Content Creator pages, but cannot guarantee the identity of Content Creators or the validity of any claims they make. We appreciate your help reporting suspicious Fan Pages and Content so we can keep Swaray safe for all Users.
Our policy is not to issue refunds for any purchases made on the Swaray Platform, although we will allow for some exceptions where refunds are granted in our sole discretion.
We proactively look at some Fan Pages, Content, NFT All Access Passes, posts and messages on the Swaray Platform to make sure Users and Content Creators follow our Community Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through the Swaray Platform.
In most situations we will work with Content Creators and Users to resolve any potential violations and allow the Content Creator or User to continue using Patreon. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.
Swaray reserves the right to remove a Content Creator or User from participating in annual memberships. Removal of the creator or patron from participation in annual memberships will prohibit the creator from accepting new annual payments, and prohibit the patron from making new annual payments, but will not result in an automatic removal of the creator or patron from the Swaray Platform, unless there is an independent basis for their removal from the platform.
Please let us know if you see potential violations of our Community Guidelines. You can learn how to report them on our website.
As a global company based in the United States with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury. This means that Swaray cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
We are constantly testing out new features with the goal of making Swaray better. We may add or remove features, and often test features with a random subset of our Users and Content Creators. If we believe a feature is significantly different from these terms, then we explain those differences in the test.
You can permanently delete your account at any time by going to Account Settings from within your Profile Page. On that page you can also see what information is deleted and what we continue to store after the account is deleted. We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any Content, descriptions, posts or messages at our discretion. You may not bring a claim against us for suspending or terminating another User’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs. These terms remain in effect even if you no longer have an account.
You keep full ownership of all Content that you offer on Swaray, but we need licenses from you to operate Swaray effectively. By posting Content on Swaray you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote purchases, monthly and annual memberships and NFT All Access Passes to your Fans. We will never steal your Content or use any of it in an exploitative way. You may not post Content that infringe others’ intellectual property or proprietary rights. We may ask you for consent verification for collaborators depicted in Content provided on the Swaray Platform. Users may not use Content posted by Content Creators or other Users in any way not authorized by the Content Creator or User.
Your third-party apps
You may grant Swaray access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, in order for some Swaray features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that Swaray can access. At any time, you can revoke Swaray’s access to those accounts using the respective third party’s security settings page. These are the links for each service:
Swaray’s Content is protected by copyright, trademark and trade secret laws. Some examples of our Content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Fan Page and Content on the Swaray Platform. You can learn more about the correct use of our logo in our Brand Guidelines. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
Using the Services
The Services enable you to host, post and watch live and pre-recorded video Content, monetize your Content, interact with Content Creators and other Users, participate in event chat (“Event Chat”) and direct message (“DM”) other Users. When you use the App, you will be able to view, favorite and follow Fan Pages and join Live Events with Content Creators and other Users with whom you are connected on the Services (each a “Connection”). You can add Connections by favoriting them and connecting with them in Live Events, joining them in Event Chat and DM them on the Services.
Once you are in a Live Event, your Connections and any other Users are able to join the same Live Events. At any time, a friend of someone with whom you are in a Live Event with and Event Chatting with may join that current Live Event via an invite from anyone in the Live Event, with or without an invite from you and whether or not you know him or her. The Services may also suggest that you invite a Connection that you and one or more participants in a video chat session have in common to join a video chat session.
If you choose to import your personal contacts from your mobile device we will access your personal contacts in order to identify Users that you may know that are using the Services and to provide other Users with suggestions for potential Connections based on mutual contacts.
We may offer you the opportunity to invite your Connections or other contacts to join your Live Events, or otherwise enjoy the Services. If you choose to invite one or more of your Connections or contacts using text messaging (SMS) or another communications app we may suggest Content for the message (which you may be able to edit in certain instances). You may send invitations via the messaging functionality on your device. If you choose to send such invitations, you represent to Swaray that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
Content On the Services
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, recorded, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide or import to be made available through the Services. Content includes, without limitation, User Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Swaray 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 any Content shown, displayed, posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Rights in the Services and Content
Swaray does not claim any ownership rights in any User Content. You retain your rights to any User Content you show, submit, stream, post or display on or through the Services. Subject to your ownership of your User Content, all right, title, and interest in and to the Services and Content are and will remain the exclusive property of Swaray and its licensors (including other Users). The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Swaray reserves all rights not expressly granted in these Terms.
Rights in Content Granted by You
In order to make the Services available to you and other Users, Swaray needs a license from you. By submitting, posting or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Notwithstanding the foregoing and any other provision in these Terms, the Content of your Live Events, pre-recorded Content and any and all displayed Content will only be used by us for the purpose of providing you the Services and for no other purpose.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other Users with whom you participate in a Live Event. You should only provide User Content that you are comfortable sharing with others under these Terms. Swaray will not be responsible or liable for any use of your User Content by Swaray in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Swaray on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Rights in Content Granted by Swaray
Subject to your compliance with these Terms, Swaray grants you a limited, non-exclusive, non-transferable license to access and view the Content posted by other Users and Content Creators via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Swaray, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Rights in App Granted by Swaray
Subject to your compliance with these Terms, Swaray grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on any mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Swaray reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple App Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple App Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:
- These Terms are concluded between you and Swaray, and not with App Provider, and that, as between Swaray and the App Provider, Swaray, is solely responsible for the App.
- App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Swaray.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Swaray will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App 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.
Restrictions On Content And Use Of The Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate Users or reclaim usernames without liability to you.
You may NOT post Content that:
- Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
- Promotes discrimination, hatred or harm against any individual or group;
- Is a direct and specific threat of violence to others;
- Is defamatory, obscene or pornographic;
- Is furtherance of illegal activities; or
- Is harassing, abusive, or constitutes spam.
You may not do any of the following while accessing or using the Services:
- access, tamper with, or use non-public areas of the Services, Swaray’s computer systems, or the technical delivery systems of Swaray providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Swaray (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Swaray (NOTE: scraping the Services without the prior consent of Swaray is expressly prohibited);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- use, display, mirror or frame the Services or any individual element within the Services, Swaray’s name, any Swaray trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Swaray’s express written consent;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Swaray or any of Swaray’s providers or any other third party (including another User) to protect the Services or Content;
- attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Swaray or other generally available third-party web browsers;
- send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- use any meta tags or other hidden text or metadata utilizing a Swaray trademark, logo URL or product name without Swaray’s express written consent;
- use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Swaray respects copyright law and expects its Users to do the same. It is Swaray’s policy to terminate, in appropriate circumstances, Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Ending These Terms
The Terms will continue to apply until terminated by either you or Swaray as follows. You may end your legal agreement with Swaray at any time for any reason by deactivating your account and discontinuing your use of the Services. In order to deactivate your account, please contact us email@example.com.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 9, 10, 11, 12 and 13.
Nothing in this section shall affect Swaray’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 1.
You will indemnify and hold harmless Swaray and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Disclaimers And Limitations Of Liability
Please read this section carefully since it limits the liability of Swaray and its parents, subsidiaries, affiliates, related companies, members, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Swaray Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the Contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, SWARAY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Swaray Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content (including without limitation any unlawful use of the Services); (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Swaray Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Swaray Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SWARAY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SWARAY ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SWARAY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SWARAY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws or provisions.
Agreement to Arbitrate
You and Swaray agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court (a “Small Claims Action”) and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Southern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Swaray with an Arbitration Opt-out Notice (as defined below in the Section titled “Your Choices”), you acknowledge and agree that you and Swaray are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Swaray otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/mediation or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Swaray otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Swaray submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Swaray will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Swaray will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “General Terms” section below regarding changes to these Terms, if Swaray changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Swaray’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Swaray in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
If you don’t want to settle Disputes by arbitration as described above, you will notify Swaray by sending us written notice (including by email to email@example.com telling us that you don’t want to use arbitration, within thirty (30) days of the date on which you agreed to these Terms (such notice, an “Arbitration Opt-out Notice”), and consequently you agree that all Disputes will be resolved exclusively by a court located in Orange County, California. If you don’t provide Swaray with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for a Small Claims Action and an IP Protection Action as set forth above.
The failure of Swaray to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Swaray’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Swaray. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Swaray’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Swaray may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
We may revise these Terms from time to time; the most current version will always be at https://www.swaraylabs.comabout-us/. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 9 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Swaray. If you have any questions about these Terms, please contact us at:firstname.lastname@example.org