Date of Last Revision: September 25, 2008
1. Acceptance of Terms
2. The Service & Registration
You do not need to register with us, or become a Member (as defined below) of the Service, in order to use some portions of the Service. If you do not register with us and become a Member of the Service, you will be permitted to view content that has been designated as Public content. However, you will not, among other things, be able to view any Member content which has been designated as Private, or to post content to or to comment on content which has been posted by others to the Service.
To use many portions of this Service, you must register with us and become a Member of the Service. To do so, you must understand and agree to the following:
1. as part of the registration process, you must submit a valid e-mail address and select a password and user name;
2. you are responsible for maintaining the confidentiality of your member name and password, and all uses of your account -- whether or not you've authorized such use;
3. you agree to notify SignSwift, LLC immediately of any unauthorized use of your account; and
4. you are at least 13 years of age.
SignSwift, LLC will not be held liable for any loss or damage for non-compliance. SignSwift, LLC reserves the right to refuse the Service to any user. SignSwift, LLC reserves the right to delete accounts created by users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual.
In addition, you understand and agree that SignSwift, LLC will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, SignSwift, LLC in no way controls, verifies, or endorses any of the information contained on or in the Service, including but not limited to links, images, messages, comments, members' published or shared content.
You must be thirteen (13) years of age or older to register as a member of SignSwift or use the signswift.com Web Site or Service. By using the signswift.com Web Site or registering for the Service, you represent and warrant that you are thirteen (13) years of age or older and that you have the right, authority, and capacity to agree to, and abide by, this Agreement. SignSwift, LLC reserves the right to cancel the account of and delete your profile and any content or information posted by any user under the age of thirteen (13).
Membership in SignSwift is void where prohibited by law.
4. Limited Use License
You are licensed to use (a) the Service, (b) the data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or other content or materials ("Content") which are contributed by other Members and which appear on or as part of the Service, and (c) any Content which is not user-contributed Content ("Company Content"), in each case, only for your own personal use . Without limiting the generality of the foregoing the downloading or use of the whole or any significant portion, including any functionality, of the Service, or any part of the public areas of the Service, or the reproduction in any medium including online or use any Company Content, in each case other than as permitted above, is expressly prohibited. You may use software which is provided on or through the Service only while using the Service in compliance with these Terms and Conditions, and may not download, copy, reuse or distribute that software in any way that violates this Agreement. Violation of the above limited license may result in immediate termination of your access to the Service, and may result in legal action for injunction, damages or both.
When you submit content to the Service, you are granting us, and our affiliates, a limited license to host that content as part of the Service, to use that content in connection with your use of the Service and to distribute that content to individuals in accordance with the privacy setting which applies to the content you submitted.
5. User Conduct
By way of example, and not as a limitation, you agree not to use the Service:
1. to abuse, harass, threaten, impersonate or intimidate other SignSwift users;
2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SignSwift user;
5. to create or submit unwanted email ("Spam") to any other SignSwift users;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;
8. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
9. attempt to impersonate another user or person;
10. sell or otherwise transfer your profile.
You are solely responsible for your interactions with other users of the Service. SignSwift, LLC reserves the right, but has no obligation, to monitor disputes between you and other users.
6. Content Posted by Members on the Web Site (http://www.signswift.com)
You are solely responsible for the content that you publish or display (hereinafter "Post") on the http://www.signswift.com Web Site, or transmit to other Members, including but not limited to photos, profiles, messages, notes, text, information, music, and videos ("Member Content").
You represent, warrant and agree that no materials of any kind submitted by you or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material, or violate any other laws or regulations.
You understand and agree that SignSwift, LLC may, but is not obligated to, review and delete any Member Content that, in the sole judgment of SignSwift, LLC violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of SignSwift, LLC SignSwift’s Members or users, or the public, without notice. SignSwift, LLC assumes no responsibility for monitoring the content posted on the Web site by Members or the conduct of its Members.
You retain all ownership rights in your Member Content. However, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to SignSwift, LLC (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Service, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Service. SignSwift, LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending content from the http://www.signswift.com site and terminating the membership of such violators and reporting you to law enforcement authorities. It includes content that:
* is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
* promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* promotes an illegal or unauthorized copy of another person's copyrighted work;
* displays pornographic or sexually explicit material of any kind;
* provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
* provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or would otherwise create liability or violate any local, state, national or international laws;
* solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
* engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes;
* impersonates any person or entity, or falsely states or otherwise misrepresents yourself, your age, or your affiliate with any person or entity;
* contains the private information of any third party including without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
* blocks, removes or otherwise obscures the display of advertisements that may appear on the Web Site or Service or attempts to do so;
* contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
* contains in the sole judgment of SignSwift, LLC matter that is objectionable or which restricts or inhibits any other person from using or enjoying the SignSwift web site or which may expose SignSwift, LLC or its Members or users to any harm or liability of any type.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items from other Members or Member Content. SignSwift, LLC is not responsible for the content that Members submit and you hereby waive any legal or equitable rights or remedies you may have against SignSwift, LLC related to such exposure.
7. Copyright Policy
SignSwift, LLC respects the intellectual property of others. It is SignSwift, LLC’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. SignSwift, LLC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, SignSwift, LLC may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. SignSwift, LLC will terminate access for subscribers and account holders who are repeat infringers.
Notifying SignSwift, LLC of Copyright Infringement: To provide SignSwift, LLC notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of firstname.lastname@example.org that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing SignSwift, LLC with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide SignSwift, LLC with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at email@example.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
9. Member Disputes
You are solely responsible for your interactions with other SignSwift users. We reserve the right, but have no obligation, to monitor or to attempt to resolve any dispute or disagreement between you and other users or third parties. We disclaim any liability to any user of the Service or to any third party arising from or in connection with any such dispute.
10. Service Availability
We employ reasonable measures to try to ensure that the Service is available on a 24 hours a day, 7 days a week basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of SignSwift, LLC. From time to time, and without notice to you, SignSwift, LLC may add or delete certain features or function from the Service we provide. You agree that SignSwift, LLC shall not be liable to you for any modification, suspension or discontinuance of the Service.
You agree to defend, indemnify and hold harmless SignSwift, LLC its corporate parents and subsidiaries, officers, directors, employees and agents with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with any Member Content, your use of the SignSwift Service or Website, your conduct in connection with the Services or Web site or with other users or Members of the Services or the Web site, or any breach of this Agreement. Notwithstanding the foregoing, SignSwift, LLC retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against SignSwift, LLC herein under the terms and provisions of this Section and in no event shall you settle any such claim without SignSwift, LLC’s prior written approval.
SignSwift, LLC is not responsible or liable in any manner for any Member Content posted on the Web site or in connection with the SignSwift Service, whether caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. Although SignSwift, LLC provides rules for Member conduct and Content, we do not control and are not responsible for what Members post on the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service, the Website or in connection with any Member Content. SignSwift, LLC is not responsible for the conduct, whether online or offline, of any user or Member of the Service. SignSwift, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. SignSwift, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will SignSwift, LLC be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any content posted on the Web site, including Member Content, or transmitted to Members, or any interactions between users of the Web site, whether online or offline. THE WEB SITE AND THE SERVICE ARE PROVIDED "AS IS" AND SignSwift, LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SignSwift, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE. No advice or information, whether oral or written, obtained by user from SignSwift, LLC or through or from the Service shall create any warranty not expressly stated herein.
13. Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SIGNSWIFT, LLC OR ANY OF ITS CORPORATE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS AND LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SIGNSWIFT SERVICE OR ANY CONTENT OR OTHER MATERIALS ACCESSED THROUGH THE WEBSITE, EVEN IF SIGNSWIFT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SIGNSWIFT, LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SIGNSWIFT, LLC FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
14. General Practices Regarding Use, Storage and Preservation
You acknowledge that SignSwift, LLC may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that uploaded Content will be retained by the Service, the maximum size of any content that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on SignSwift, LLC’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SignSwift, LLC has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that SignSwift, LLC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SignSwift, LLC reserves the right to modify these general practices and limits from time to time.
You acknowledge and agree that SignSwift, LLC may preserve any content submitted or posted by you (including e-mails, profiles, postings or other content) and may disclose such material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any material violates the rights of third parties; or (4) in our sole judgment, protect the rights, property, or personal safety of SignSwift, LLC, its Members, employees or the public.
15. Subscription Fees & Payment
You may choose to use a free version of the Service or to pay a subscription fee for an enhanced version of the Service (all fee-based features and/or services are referred to herein as "Subscription Services"). There is no obligation to upgrade from the free version of the Service to a paid version of the Service at any time.
By purchasing Subscription Services, you agree that your subscription is personal to you and that you will not transfer or make available your account name and password to others, including without limitation your friends, co-workers and other contacts. Any distribution of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.
If you are a Member who also subscribes to any of the paid portions of the Services (a "Subscriber"), you understand that membership in the Service is on a continuous service basis. This means that once you have become a Subscriber, your subscription will be automatically renewed and your credit card will be charged based on the subscription program (e.g., annual, monthly, etc.) you have chosen. Credit card charges will be processed within 24 hours after you complete your subscription. Any products included with your subscription will be shipped promptly thereafter. Except in the case of any monthly subscription (in which case, no such notices will be given), you will be notified by email 15 days before your subscription automatically renews, and asked to correct any information that has changed. This notification will also be an opportunity to "opt out" of your renewal. Cancellation requests must be received two days before the renewal date for the cancellation to be effective.
We may change our subscription prices at any time and from time to time. Each renewal of your subscription will be at the then standard renewal charge for the subscription period (e.g., annual, monthly, etc.) that you originally selected when you subscribed.
This Agreement is governed by the law of the State of Washington, without regard to any otherwise applicable conflicts of law principles, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Washington State.
SignSwift and other SignSwift graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of SignSwift, LLC in the U.S. and/or other countries. SignSwift, LLC’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.