Terms of Use
Last Updated Date:【 January 1, 2024 】:
General Terms – All Users
Welcome to SwapMe (the “Platform”), which is provided and controlled by
【Hangzhou Longshi Internet Technology Co., Ltd】 (the “Company”, “we” or “us”).
You are reading the Terms of Service (the “Terms”), which govern the relationship
and serve as an agreement between you and the Company and set forth the terms
and conditions by which you may access and use the Platform and our related
websites, services, applications, products and content (collectively, the “Services”).
Our Services are provided for private, non-commercial use. For purposes of these
Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and the Company. Please
take the time to read them carefully. By accessing or using the Services you agree to
be bound by these Terms. If you disagree with any part of the Terms, then you may
not access the Service.
Your Agreement with the Company
1.
Individual users. SwapMe IS NOT AVAILABLE TO PERSONS UNDER THE
AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not
knowingly collect information from Minors. If you are between 13 (or 16 in certain
jurisdictions) and 18, you must have permission from your legal guardian before you
are permitted to use SwapMe.
2. Non-individual users. If you are accessing or using the Services on behalf of a
business or entity, then (a) “you” and “your” includes you and that business or entity,
(b) you represent and warrant that you are an authorized representative of the
business or entity with the authority to bind the business or entity to these Terms,
and that you agree to these Terms on behalf of the business or entity, and (c) your
business or entity is legally and financially responsible for your access or use of the
Services as well as for the access or use of your account by others affiliated with
your business or entity, including any employees, agents or contractors.
3. Supplemental Terms. If you access or use the Services from a jurisdiction for
which there are separate supplemental terms, you also hereby agree to the
supplemental terms applicable to users in each jurisdiction as outlined in the relevant
“Supplemental Terms – Jurisdiction Specific” section below. In the event of a conflict
between the provisions of the Supplemental Terms – Jurisdiction Specific that are
relevant to your jurisdiction from which you access or use the Services, and the rest
of these Terms, the relevant jurisdiction’s Supplemental Terms – Jurisdiction Specific
will supersede and control with respect to your use of the Services from that
jurisdiction.
4.
Changes to the Terms. We may amend these Terms from time to time, for
instance when we update the functionality of our Services, when we combine apps or
services operated by us or our affiliates into one single combined service or app, or
when there are regulatory changes. We use commercially reasonable efforts to
generally notify all users of any material changes to these Terms, such as through a
notice on the Platform, however, you should look at the Terms regularly to check for
such changes. We will also update the “Last Updated” date at the top of these Terms,
which reflects the effective date of such Terms. Your continued access or use of the
Services after the date of the new Terms constitutes your acceptance of the new
Terms. If you do not agree to the new Terms, you must stop accessing or using the
Services.
Use of the Services
1.
License. Subject to the Terms, you are hereby granted a non-exclusive, limited,
non-transferable, non-sublicensable, revocable license to access and use the
Services, including to download the Platform onto a permitted device, and to access
the Company’s Content (defined as below) solely for your personal, non-commercial
use through your use of the Services and solely in compliance with these Terms. The
Company reserves all rights not expressly granted herein in the Services and the
Company’s Content. You acknowledge and agree that the Company may terminate
this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND
THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE
FROM OR THROUGH THE SERVICE.
1. Restrictions on Use. Your access to and use of the Services shall be subject to
these Terms and all applicable laws and regulations. You may not:
• access or use the Services if you are not fully able and legally competent to
agree to these Terms or are authorized to use the Services by your parent or legal
guardian;
•
make unauthorised copies, modify, adapt, translate, reverse engineer,
disassemble, decompile or create any derivative works of the Services or any content
included therein, including any files, tables or documentation (or any portion thereof)
or determine or attempt to determine any source code, algorithms, methods or
techniques embodied by the Services or any derivative works thereof;
• incorporate the Services or any portion thereof into any other program or
product;
• distribute, license, transfer, or sell, in whole or in part, any of the Services or any
derivative works thereof;
• market, rent or lease the Services for a fee or charge, or use the Services to
advertise or perform any commercial solicitation;
• use the Services, without our express written consent, for any commercial or
unauthorized purpose, including communicating or facilitating any commercial
advertisement or solicitation or spamming;
• interfere with or attempt to interfere with the proper working of the Services,
disrupt our website or any networks connected to the Services, or bypass any
measures we may use to prevent or restrict access to the Services;
•
use automated scripts to collect information from or otherwise interact with the
Services;
•
impersonate any person or entity, or falsely state or otherwise misrepresent you
or your affiliation with any person or entity, including giving the impression that any
content you upload, post, transmit, distribute or otherwise make available emanates
from the Services;
• promote sexually explicit material, violence or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age;
• use the Services to upload, transmit, distribute, store or otherwise make
available in any way files that contain viruses, trojans, worms, logic bombs or other
material that is malicious or technologically harmful;
•
hack into, or insert malicious code, including viruses, or harmful data, into, our
services;
•
use the Services in a manner that violates or infringes on someone else’s rights
of publicity, privacy, copyright, trademark, or other intellectual property right;
•
use the Services in a manner that is harmful, fraudulent, deceptive, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise
objectionable;
• in any way promote or incite anyone to commit or assist in any unlawful or
criminal activity or anti-social behaviour, or encourage activities which could
endanger the safety or wellbeing of others;
•
disclose anyone’s personal information or invade their privacy;
• engage in any other conduct that restricts or inhibits any person from using or
enjoying the Services, or that, in our sole judgment, exposes us or any of our users,
affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We
may investigate and work with law enforcement authorities to prosecute users who
violate the Terms. We may suspend or terminate your access to the Services for any
or no reason at any time without notice.
Payment
1. Fees. Certain Services, features or contents are only offered for payment (such
as paid contents and VIP account). You agree to pay whatever fees and other
charges are presented to you when you decide to purchase such paid services
(collectively the “Fees”). If you downloaded the App from the Apple Store, refunds
are permissible in accordance with their refund policy; otherwise refunds are
permissible in accordance with our refund policies. Except as stated in those policies
or stipulated in applicable laws, all Fees are non-refundable and non-cancellable.
2. Payment Methods and Processing. Payments may be processed via the
relevant App Marketplace, as well as any other third-party payment methods which
we make available (such as via PayPal and certain supported payment cards). You
must provide accurate billing information, and promptly update any changes to it
(such as card numbers and expiry dates). If you are paying via credit or debit card,
you represent that you are the authorized user of the card, and you authorize us (and
any third party payment processor) to collect payment from you, on a recurring basis
(if applicable), and to take all other necessary billing actions. If payment is made via
a third-party payment processor, you will also be subject to its terms and conditions
(over which we have no control) – so carefully read those terms.
3. Intellectual Property Rights
The Services are protected under the laws of copyright, patent, trademarks and other
intellectual property rights of the countries where Services are available. All
copyrights in the Services are owned by us or our third-party licensors to the full
extent permitted under all applicable laws. Consistent with the other terms in this
document, you may not publish, reproduce, distribute, display, perform, edit, adapt,
modify, or otherwise exploit any part of the Services without our written consent.
We respect intellectual property rights and require you to do the same. As a condition
of your access to and use of the Services, you agree not to infringe on any
intellectual property rights while accessing or using the Services or use any content
therein for any commercial or unauthorized purposes. We reserve the right, with or
without notice, at any time and in our sole discretion to block access to the Services,
including without limitation for any user who infringes or is alleged to infringe any
intellectual property rights or proprietary rights.
Content
1. The Company’s Content
As between you and the Company, all content, software, images, text, graphics,
illustrations, logos, stickers, filters, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music on and “look and feel” of the Services, and all
intellectual property rights related thereto (the “Company’s Content”), are either
owned or licensed by the Company. Use of the Company’s Content or materials on
the Services for any purpose not expressly permitted by these Terms is strictly
prohibited. The Company’s Content may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited
for any purpose whatsoever without our or, where applicable, our licensors’ prior
written consent. We and our licensors reserve all rights not expressly granted in and
to their content.
We make no representations, warranties or guarantees, whether express or implied,
that any Company’s Content is accurate, complete or up to date. Where our Services
contain links to other sites and resources provided by third parties, these links are
provided for your information only. We have no control over the contents of those
sites or resources. Such links should not be interpreted as approval by us of those
linked websites or information you may obtain from them.
2. User-Generated Content
By using our Services, you provide us with information, media files, video projects
and final videos that you submit to and create at the Platform (collectively your “User
Content”).
You retain full ownership to your User Content. We don’t claim any ownership to any
of it. These Terms do not grant us any rights to your User Content or intellectual
property except for the limited rights that are needed to provide the Services, as
explained below.
In order to provide the Services, we need your permission to host, share, distribute,
display, and perform your User Content. This is called a license. By uploading User
Content to the Services, you grant us this license solely as is necessary to provide
the corresponding Services, including sharing your User Content with third-party
platform, such as Facebook, Instagram.
You are solely responsible for maintaining and protecting all of your User Content.
We will not be liable for any loss or damage of your User Content, or for any costs or
expenses associated with backing up or restoring any of your User Content.
Indemnify
You agree to defend, indemnify, and hold harmless the Company, its parents,
subsidiaries, and affiliates, and each of their respective officers, directors, employees,
agents, assigns, and advisors from and against any and all loss, claims, liabilities,
damages, costs, and expenses, including, but not limited to, attorneys’ fees and
expenses, arising out of a breach by you or any user of your account of these Terms
or arising out of a breach of your obligations, representation and warranties under
these Terms.
Termination
1. Termination by us. We reserve the right to suspend and/or terminate our
Services at any time, with or without cause, and with or without notice.
2. Termination by you. You may stop using the Services at any time via the
functionality offered or by cancelling your Account. Termination will take effect
immediately, so please confirm there’s no unused property interests in your account.
We are not responsible for any loss of your rights and interests caused by your
voluntary termination of the Services. Termination of your account does not relieve
you of any obligation to pay any outstanding fees.
3.
Survival. Upon the expiration or termination of the Terms, some or all of the
Services may cease to operate without prior notice. Your indemnification obligations,
our warranty disclaimers and limitations of liabilities, and dispute resolution
provisions stated in the Terms will survive.
Miscellaneous
1.
Applicable Law and Jurisdiction. These Terms of Use shall be construed in
accordance with the laws of Singapore without regard to its conflict of laws rules. Any
dispute arising out of or in connection with these Terms, including any question
regarding existence, validity or termination of these Terms, shall be referred to and
finally resolved by arbitration administered by the Singapore International Arbitration
Centre in accordance with the Arbitration Rules of the Singapore International
Arbitration Centre for the time being in force, which rules are deemed to be
incorporated by reference in this clause. The seat of the arbitration shall be
Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the
arbitration shall be English.
2. Open Source. The Platform contains certain open source software. Each item of
open source software is subject to its own applicable license terms.
3. Entire Agreement. These Terms constitute the whole legal agreement between
you and the Company and govern your use of the Services, superseding any prior or
contemporaneous communications and proposals (whether oral, written or electronic)
between you and us.
4.
No Waiver. Our failure to enforce any provisions of these Terms or respond to a
violation by any party does not waive our right to subsequently enforce any terms or
conditions of the Terms or respond to any violations. Nothing contained in these
Terms is in derogation of our right to comply with governmental, court, and law
enforcement requests or requirements relating to your use of the Services or
information provided to or gathered by us with respect to such use.
5. Security. We do not guarantee that our Services will be secure or free from
bugs or viruses. You are responsible for configuring your information technology,
computer programs and platform to access our Services. You should use your own
virus protection software.
6. Severability. If any court of law, having jurisdiction to decide on this matter, rules
that any provision of these Terms is invalid, then that provision will be removed from
the Terms without affecting the rest of the Terms, and the remaining provisions of the
Terms will continue to be valid and enforceable.
7. Assignment. You may not assign these Terms of Use or assign any rights or
delegate any obligations hereunder, in whole or in part, without our prior written
consent. Any such purported assignment or delegation by you without the
appropriate prior written consent will be null and void and of no force and effect. We
may assign these Terms of Use or any rights hereunder without your consent and
without notice.
8. Third Party Services. Our service includes and links to features and services
(including but not limited to, social applications like YouTube, Facebook, Instagram
and WhatsApp) that are provided by a third party. We do not control such third-party
sites or services and are not responsible for the content or functionality of such sites
or services. Our inclusion of links does not imply any endorsement or association
with their operators. The terms applicable to the use of such third-party services will
apply and we will not be responsible for anything that is done by you or the third party
service provider in connection with your use of their service. Please note that we do
not keep your private personal information like your account, ID, password and etc.
on the third party apps/websites in our Services.
9. Privacy Policy. Your privacy is very important to SwapMe. Please refer to our
Privacy Policy for information on how we collect, use and disclose personal
information.
10.
Contact. If you have any questions regarding these terms, please feel free to
contact us: SwapMeuser@gmail.com
Supplemental Terms – App Stores
Google Play. By downloading the App from Google Play (or its successors) operated
by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and
agree that:
•
To the extent of any conflict between (a) the Google Play Terms of Service and
the Google Play Business and Program Policies or such other terms which Google
designates as default end user license terms for Google Play (all of which together
are referred to as the “Google Play Terms”), and (b) the other terms and conditions in
these Terms, the Google Play Terms shall apply with respect to your use of the App
that you download from Google Play, and
• You hereby acknowledge that Google does not have any responsibility or
liability related to compliance or non-compliance by the Company or you (or any
other user) under these Terms or the Google Play Terms.
Supplemental Terms – Jurisdiction Specific
THE UNITED STATES
If you are a user of our Services in the United States of America, the below Additional
Terms: (a) are incorporated into these Terms; (b) apply to your use of our Services;
and (c) override the head terms of these Terms to the extent of any inconsistency.
If you are a user of the Services in the United States of America, the following terms
expressly replaces the above “Applicable Law and Jurisdiction” section of these
Terms.
• If you live in (or, if a business, your principal place of business is in) the United
States, the laws of the state where you live govern all claims, regardless of conflict of
law principles, except that the Federal Arbitration Act governs all provisions relating
to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue
of the state or federal courts of California, for all disputes arising out of or relating to
these Terms that are heard in court (excluding arbitration).
• In the event of a dispute, you and we agree to try for sixty (60) days to resolve it
informally. If you and we are unable to come to informal resolution within sixty (60)
days, you and we agree to binding individual arbitration before the American
Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA") (with such
arbitration to be conducted under the AAA's Commercial Arbitration Rules), and not
to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and
the arbitrator’s decision will be final except for a limited right of appeal under the FAA.
You and we must file in arbitration any claim or dispute (except intellectual property
disputes) within one year from when it first could be filed.
•
If any other provision of these provisions regarding arbitration is found to be
illegal or unenforceable, that provision will be severed but the rest of these provisions
regarding arbitration still apply.
• If for any reason a claim proceeds in court rather than in arbitration, you and the
Company each waive any right to a jury trial.
California Resident. If you are a California resident, in accordance with Cal. Civ.
Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs by
contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA
95834, or by telephone at (800) 952-5210.
If you are a California resident, then (except to the extent prohibited by applicable
laws) you agree to waive California Civil Code Section 1542, and any similar
provision in any other jurisdiction (if you are a resident of such other jurisdiction),
which states: “A general release does not extend to claims which the creditor does
not know or suspect to exist in his favour at the time of executing the release, which,
if known by him must have materially affected his settlement with the debtor”.
EUROPEAN UNION
The following terms apply if you reside in the European Union:
Dispute Resolution. Notwithstanding the "Applicable Law and Jurisdiction" section of
these Terms, if you are a "consumer" as defined under the EU Direction 83/2011/EU,
any dispute, controversy or claim (whether in contract, tort or otherwise) between us
and you, arising out of, relating to, or in connection with these Terms will be referred
to and finally resolved by the court of your place or residence or domicile. You can
also file a complaint at the online platform for alternative dispute resolution (ODR-
platform). You can find the ODR-platform through the following link:
https://ec.europa.eu/consumers/odr.
Loss or damage. If any SwapMe services or features which we have supplied
damages a device or digital content belonging to you and this is caused by our failure
to use reasonable care and skill we will either repair the damage or pay you
reasonable compensation for such damage. However, we will not be liable for
damage which you could have avoided by following our advice to apply an update
offered to you free of charge or for damage which was caused by you failing to
correctly follow installation instructions or to have in place the minimum system
requirements advised by us. We only supply the Services accessible via Platform for
domestic and private use. If you use the Services for any commercial or business
purpose, we will have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
Nothing in the Terms affects any legal rights that you are entitled to as a consumer
under European Union member state laws which cannot be contractually altered or
waived. Accordingly, some of the exclusions and limitations in Sections
Ⅶ
and
Ⅷ
of
the Terms will not apply to you if you are a consumer living in a European Union
country.