SwiftCam Website Terms of Use

Thank you for visiting SwiftCam web site! Please fully and carefully read these terms and conditions of use herein (the “Terms of Use”) before using this Site and the Content. The Terms of Use set forth the legally binding terms and conditions for your use of the Site and the Content provided by SwiftCam Tenhnologies Group Ltd. , its affiliated companies and/or subsidiaries (collectively, “SwiftCam”). UPON YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Acceptance of Terms of Use

The Terms of Use apply to this SwiftCam web site located at www.swiftcam.com and any other associated sites linked to www.swiftcam.com by SwiftCam, including each and every SwiftCam web site in the world (collectively, the “Site”) provided that SwiftCam has no other more specific terms of use of a SwiftCam web site for a specific region and/or country.

SwiftCam reserves the right, but has no obligation, to add, change, edit, amend, revise, modify or remove portions of the Terms of Use from time to time at its sole discretion without notice. The updated version of the Terms of Use will be effective on the dated of posting unless indicated otherwise in such Terms of Use. You should periodically check the Terms of Use for the changes and your continued use of the Site after the posting of such updated version of the Terms of Use will constitute your agreement and acceptance of the changes. As a condition to SwiftCam’s grant to you a non-exclusive, freely revocable, non-transferable, personal and limited privilege to access and use the Site and the Content, you need to comply with the Terms of Use at all times.

You are entitled to use the Site and the Content only for the purposes expressly set forth on the Site and in the Terms of Use. You should never (i) post nude, pornographic, sexually suggestive, violent, discriminatory, disparaging, defamatory, hateful, or infringing content to the Site; (ii) select, solicit or otherwise collect credentials of other users, nor misuse own credentials; (iii) probe or test the vulnerability of the Site or any network linked to the Site, nor breach the security or authentication measures on the Site or any network linked to the Site; and (iv) use for any illegal or unauthorized purpose.

Eligibility

You represent and warrant by using the Site or the Content that you are at least thirteen (13) years of age. You should not, under any circumstance or for any reason, access the Site or use the Content if you are under the age of thirteen (13). You are solely responsible for ensuring that the Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Site or the Content is revoked where the Terms of Use or your use of the Site or the Content is prohibited by or conflicts with any applicable law, rule or regulation. The Site and the Content are provided for personal and non-commercial use, and not for any third party’s use or benefit.

Content

The “Content” in the Terms of Use includes, without limitation, on or through the Site, text, user interfaces, information, data, photographs, videos, audio clips, software, scripts, graphics, and interactive features generated, visual interfaces, trademarks, logos, sounds, music, artwork, computer code, design, structure, expression, “look and feel” and arrangement of such Content. The Content is owned, possessed, controlled or licensed by or to SwiftCam, and is protected by the laws, rules and regulations relevant to trade dress, copyright, patent, trademark, right of publicity, various other proprietary rights, intellectual property rights and unfair competition.

You acknowledge that your access to the Site or the Content is at your own risk and you are solely responsible for any damage or loss incurred by you or by any other party resulting from your access. SwiftCam makes no guarantees that any of the Site or the Content you access is or will continue to be accurate, complete or available. SwiftCam reserves the right, but has no obligation, to add, change, edit, amend, revise, modify or remove, restrict or block access to, all or any part of the Site or the Content, from time to time, at its sole discretion without notice and for any reason or for no reason at all.

When using the Content, without any prior written approval from SwiftCam, you (i) will not remove any proprietary notice language in any copies of the Content, (ii) will only use such information for your personal, non-commercial informational purpose and will not copy or post such Content on any networked computer or broadcast such Content in any media, (iii) will make no modifications to any such Content, and (iv) will not make any additional representations or warranties relating to such Content.

Privacy

SwiftCam has a privacy policy that applies to use of the Site (“SwiftCam Privacy Policy”), and SwiftCam Privacy Policy is made a part of the Terms of Use by this reference. It is your responsibility to read fully and carefully SwiftCam Privacy Policy. To review SwiftCam Privacy Policy, please click here. By using the Site, you acknowledge that you agree to and accept SwiftCam Privacy Policy. You also understand that any message or information provided by you to the Site may be read or intercepted by others.

Third Party’s Links

The Site may contain links to other independent third party web sites or permit you to link to other websites, services or resources on the Internet (the “Third Party’s Links”). The Third Party’s Links are provided only as a convenience to you and the inclusion of any Third Party’s Links does not imply SwiftCam’s endorsement or an association with the operators or owners of those third party web sites. SwiftCam has no control on Third Party’s Links and you acknowledge that SwiftCam is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of the Third Party’s Links or content thereof, and that SwiftCam shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on anything on the Third Party’s Links or content thereof. You will need to make your own independent judgment with respect to your access to and interaction with the Third Party’s Links and you understand that any information you receive from the Third Party’s Links is not from SwiftCam nor endorsed by SwiftCam.

Disclaimer

THE SITE AND THE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GOGORO PROMISE THAT THE SITE OR THE CONTENT WILL BE SECURE, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT YOUR USE OF OR ACCESS TO THE SITE OR THE CONTENT WILL PROVIDE ANY SPECIFIC RESULT THAT MEETS YOUR REQUIREMENTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GOGORO AND GOGORO’S DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND THE PROVIDERS OF THE CONTENT DO NOT WARRANT AND CANNOT ENSURE THAT ANY CONTENT YOU RECEIVE OR DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS OR DESTRUCTIVE FEATURES. GOGORO DISCLAIMS ANY AND ALL DAMAGE, LIABILITY OR INJURY FOR ANY ACTS, OMISSIONS, FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER MALWARE, UNAUTHORIZED ACCESS BY THIRD PARTIES IN CONNECTION WITH OR WITH REGARD TO YOUR USE OF OR ACCESS TO THE SITE, THE CONTENT OR THE THIRD PARTIES’ LINKS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OR ACCESS TO THE SITE, THE CONTENT AND THE THIRD PARTY’S SITES. THE SOLE REMEDY FOR YOU TO ENJOY AGAINST GOGORO FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO STOP USING THE SITE OR THE CONTENT. IN NO EVENT DOES GOGORO OR ANYONE AT GOGORO MAKE ANY REPRESENTATIONS NOR WARRANTIES WITH RESPECT TO ITS SITE NOR CONTENTS.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL GOGORO BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF GOGORO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFORESAID DAMAGES.

Notwithstanding any provisions of the Terms of Use to the contrary, if SwiftCam is found by a court or other tribunal of competent jurisdiction to be liable for any liability, damage or loss in connection with or with regard to your use of or access to the Site, the Content, the Third Party’s Links or the Terms of Use, SwiftCam’s liability will in no event exceed US$10.00. Any multiple claim or suit under or related to your use of or access to the Site, the Content, the Third Party’s Links or the Terms of Use will not enlarge or extend the aforesaid the limitation of momentary damages.

Indemnity

You agree and shall defend, indemnify, and hold harmless SwiftCam and SwiftCam’s officers, employees, contractors, directors, suppliers, shareholders, predecessors, successors in interest and representatives from all demands, liabilities, loss, claims, and expenses, including reasonable attorneys’ fees, due to or arising out of or in connection with your use or misuse of, or access to, the Site or the Content in violation of the Terms of Use. This indemnification will survive the termination or expiration of your use of the Site or the Content.

Governing Law and Jurisdiction

You agree that all matters relating to the Terms of Use or your access to or use of the Site or the Content, including all disputes, will be governed by the laws of the State of Washington in the United States of America without regard to its conflicts of laws principles. In the event of any controversy or dispute between you and SwiftCam arising out of or in connection with the Terms of Use or your use of or access to the Site or the Content, you and SwiftCam will in good faith attempt to resolve any such controversy or dispute. If a resolution to any such dispute cannot be found within sixty (60) days, then either you or SwiftCam may submit such controversy or dispute to mediation in Washington State in the United States of America. If such controversy or dispute cannot be resolved through mediation, then either you or SwiftCam will be free to pursue any right or remedy available under applicable law. You agree to submit to exclusive jurisdiction and venue in the state and federal courts in King County, Washington State in the United States of America for any and all disputes, claims and actions arising from or in connection with the Terms of Use or your access to or use of the Site or the Content.

Miscellaneous

You should not send your unsolicited ideas to SwiftCam or anyone at SwiftCam because SwiftCam or anyone at SwiftCam will not accept nor consider unsolicited ideas, including, without limitation, ideas for new product designs, technologies, processes, materials or marketing campaigns. To avoid any possible or potential dispute or misunderstanding if SwiftCam’s products or marketing plans happen to be similar to any unsolicited ideas you send to SwiftCam or anyone at SwiftCam, despite SwiftCam’s request that you should not send any unsolicited ideas to SwiftCam or anyone at SwiftCam, you hereby agree to assign to SwiftCam any unsolicited ideas you send to SwiftCam or anyone at SwiftCam, without any compensation to you. SwiftCam will not treat any unsolicited ideas you send to SwiftCam or anyone at SwiftCam as confidential or proprietary and SwiftCam may use or distribute your submissions of such unsolicited ideas and its contents for any purpose and in any way.

The Terms of Use constitute the entire agreement between you and SwiftCam with respect to your access to and use of the Site and the Content, and supersede all prior or contemporaneous communications of any kind (whether oral, written or electronic) between you and SwiftCam with respect to your access to and use of the Site and the Content. If any of the provisions of the Terms of Use are found to be unenforceable, void or invalid by a court or other tribunal of competent jurisdiction, a valid provision that best embodies the intent of the Terms of Use will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use will continue in full force and effect.

You will not use or export anything from the Site or the Content or any copy or adaptation of such Content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

Unless otherwise indicated in the Term of Service, SwiftCam may give you all notices (including legal process) that SwiftCam is required to give by any lawful method, including without limitation by posting notice on the Site or by sending it to any email or mailing address that you provide to SwiftCam. You acknowledge it is your responsibility to keep your email and mailing addresses current and periodically to check for notices posted on the Site. You agree to send SwiftCam notice at [email protected].

SwiftCam’s failure to insist on strict performance of or enforce any part of the Terms of Use shall not be construed as or shall constitute a waiver by SwiftCam of our right to later enforce that or any other part of the Terms of Use. No course of conduct between you or any other party and SwiftCam shall be deemed to change or replace any provision of the Terms of Use. Any waiver by SwiftCam of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with the Terms of Use to be binding, a written notice of the waiver of compliance in any particular instance shall be provided through one of our authorized representatives. The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The headings in the Terms of Use are only for convenience and shall not affect their interpretation.

Feedback

Should you have any comment or question regarding the Terms of Use, you may contact us at [email protected]. Any feedback or information you provide to SwiftCam will be deemed to be non-confidential.

Last Updated: Feb 4, 2015