These Terms of Service (“Terms”) govern your access to and use of Swike and the other products, features, services, technologies and software that we offer, except where we expressly state that separate terms (and not these) apply. Swike is provided to you by Swike Limited.
We don’t charge you to use Swike. Instead, businesses and organisations may pay us to show you ads for their products and services. By using Swike, you agree that we can show you these ads.
We (or 3rd party advertisement providers) may use your personal data, such as your activity and interests, to show you ads that are more relevant to you. We don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers. Instead, advertisers can tell us things such as the kind of audience that they want to see their ads (for example, people between the ages of 18-30 who are interested in sports), and we then show their ad to people who might be interested. We also provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. For example, we may provide general demographic and interest information to advertisers (for example, that an ad was seen and selected or rejected by a woman between the ages of 25 and 34 who lives in Spain and likes travel) to help them better understand their audience. As above, we don’t share information that directly identifies you with the advertisers.
Our Data Privacy Notice explains in more detail how we collect and use your personal data. You understand that through your use of Swike you consent to the collection and use (as set out in the Data Privacy Notice) of this information, including the transfer of this information to other countries for storage, processing and use by Swike.
In order to use Swike, you agree that you must:
You are responsible for your use of Swike and for any content that you upload or share, including compliance with applicable laws, rules, and regulations.
We want people to use Swike to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
1. You may not use our products to do or share anything that:
2. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working of our products
3. You may not access or collect data from our products using automated means (without prior permission) or attempt to access data that you do not have permission to access.
We can remove or restrict access to content that is in violation of these provisions. If we remove content that you have shared in violation of our Standards, you will be notified.
We encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our Terms and policies.
We can also remove or restrict access to your content if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Swike.
We need certain permissions from you to provide our services:
1. Permission to use content that you create and share:
some content that you upload, such as photos or videos, may be protected by intellectual property laws. You own the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on Swike. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else. However, to provide our services, we need you to give us some legal permissions (known as a ‘licence’) to use this content. This is solely for the purposes of providing and improving our products and services. Specifically, when you upload content that is covered by intellectual property rights on or in connection with our products, you grant us a non-exclusive, transferrable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. This means, for example, that if you share a photo on Swike, you give us permission to store, copy and share it with others. This licence will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:
• Immediate deletion is not possible due to technical limitations;
• Your content has been used by others in accordance with this licence and they have not deleted it (in which case, this licence will continue to apply until that content is deleted); or
• Where immediate deletion would restrict our ability to:
– Investigate or identify illegal activity or breaches of our Terms;
– Comply with a legal obligation, such as the preservation of evidence; or
– Comply with a request of a judicial or regulatory authority, law enforcement or a government agency;
In which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
In each of the above cases, this licence will continue until the content has been fully deleted.
2. Permission to use information about your actions with ads:
you give us permission to use your name and profile picture and information about actions you have taken on Swike in connection with ads and other sponsored content that we display across our products, without any compensation to you.
3. Permission to update software that you use or download:
if you download or use our software, you give us permission to download and install updates to the software where available.
If you use content covered by intellectual property rights that we have and make available in our products (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on Swike), we retain all rights to that content (but not yours). You can only use our copyright or trademarks (or any similar marks) with our prior written permission. You must obtain our written permission to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.
1. Updating our terms
We work constantly to improve our services and develop new features to make our products better for you. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests. We will notify you (for example, by email or through our products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our products. We hope that you will continue using our products, but if you do not agree to our updated Terms, you can delete your account at any time.
2. Account suspension or termination
If we determine that you have clearly, seriously or repeatedly breached our Terms, including in particular our Standards [add hyperlink], we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. Where we take such action, we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our users; compromise or interfere with the integrity or operation of any of our services, systems or products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the provisions in the following sections shall continue to apply: ‘The permissions you give us’ and sections 3 – 5 of ‘Additional provisions’ below.
3. Limits on liability
We work hard to provide the best products we can and to specify clear guidelines for everyone who uses them. Our products, however, are provided “as is”, and we make no guarantees that they will always be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content). We cannot predict when issues may arise with our products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or the Swike products, even if we have been advised of the possibility of such damages.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know upfront where it can be resolved and what laws will apply. These Terms and any dispute or claim arising out of or in connection with the Terms or the Swike products shall be governed by and construed in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Swike products.