SWIPERR TERMS AND CONDITIONS OF USE

By visiting, accessing, or using SWIPERR, you signify that you have the right, authority and capacity to enter into this Agreement, that you have read and understand this Agreement, and that YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING PROVISIONS GOVERNING DISPUTE RESOLUTION. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site without parental consent. 

CONTENT RESTRICTIONS

The Services contains content, such as sound recordings, and audio works, images, graphics, text, software, works of authorship, files, documents, applications, artwork, trademarks, trade names, metadata, album titles, sound recording titles, artist names, intellectual property, or materials relating thereto or any other materials, and their selection, coordination and arrangement (collectively, the “Service Content”). The Service Content is the property of SWIPERR and/or third parties and is protected by copyright under both Cameroon and foreign laws. The Service Content is made available to you only for your personal use as expressly permitted under these Terms.

You are prohibited from using the Service Content as follows:

  • Except as permitted under the Terms, all copying, distribution or other use of the Service Content is prohibited without the prior written consent of the Service Content rights holders.
  • You have no right to engage in the commercial use, sale, resale, assignment, license, modification, making of copies or derivative versions, display, distribution or promotion of the Service Content. 
  • You have no right to any use that requires a public performance license.
  • The use or posting of the Service Content on any other website, application or otherwise, or sharing of the Service Content in a networked computer environment, for any purpose is expressly prohibited.
  • You shall only use the Service Content on platforms which are at your disposal for your personal use as provided herein and pursuant to your Subscription terms.
  • The Service Content is, with few exceptions such as content labeled “created by SWIPERR,” automatically uploaded to the platform by third parties such as record labels or their distributors. SWIPERR does not review the Service Content supplied by third parties, the only exception being checking to make sure content meets standard quality. The fact that Service Content supplied by third parties is available on the platform therefore does not imply any endorsement or approval by SWIPERR. You understand that SWIPERR is not responsible for features or the specific content of any Service Content supplied by third parties.
  • Unauthorized use of the Services may also constitute a violation of applicable laws or regulations. If SWIPERR, in its sole discretion, thinks you have breached the Terms, or has reasonable grounds to believe that you are likely to breach these Terms, we may take any action we think is necessary to protect the Services and the Service Content. We may: (a) restrict, suspend, or terminate your right to use the Services; (b) remove your User Content (as defined below) from the Services; (c) investigate and take legal proceedings against you; or (d) disclose any information to law enforcement authorities we think is necessary or as required by law. These actions are not limited and we may take any other action we reasonably deem appropriate.
  • We are the owner of the SWIPERR trademark (the “Trademark”). Nothing in this Agreement or on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademark, without SWIPERR’s prior written permission specific for each such use. Use of the Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by SWIPERR in writing. All goodwill generated from the use of the Trademark inures to SWIPERR’s benefit.
  • Elements of the Services including Service Content are protected by copyright, trade dress, trademark, unfair competition, or other national, foreign laws, and the Services may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Service Content may be retransmitted without SWIPERR’s and/or the appropriate third party’s express written consent in each and every instance.

USER CONTENT

To the extent allowed by the Services, any musical works (sound recordings and underlying musical compositions), audiovisual works or audio works, images, graphics, text, works of authorship, files, documents, applications, artwork, trademarks, trade names, metadata, album titles, sound recording titles, artist names, intellectual property, or materials relating thereto or any other materials that you submit to the Service (“User Content”) are generated, owned and controlled solely by you and/or your licensees. We do not claim any intellectual property ownership rights in any User Content. After directly sending (“submitting”) your User Content to the Services, you continue to retain any intellectual property ownership rights that you may have in your User Content, subject to the license below. By submitting any User Content on or through the Services, you hereby grant to SWIPERR a license (with the unrestricted right to sublicense) to store, host, display, stream, transmit conditional downloads, exploit, promote, market, sell and transmit permanent downloads, use, modify, delete from, add to, publicly perform, publicly display, reproduce, create and use derivative works of, distribute and otherwise disseminate the User Content on or through the Services via any and all devices known or hereinafter devised.

(a) The license you grant to SWIPERR is non-exclusive (meaning you are free to license User Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Services of the User Content that you post), sublicensable (so that we are able to use our affiliates, subcontractors and other vendors such as internet content delivery networks and wireless carriers to provide the services related to the Services), perpetual (forever) and worldwide.

(b) You represent and promise to us that the User Content submitted by you on or through the Services: (i) is owned by you or you otherwise have the right to grant the license set forth herein; (ii) does not infringe the rights of any third party, including any intellectual property rights, rights of confidential information or rights in privacy; (iii) does not imply any affiliation, endorsement, approval or cooperation by SWIPERR or any artist, band, label, entity or individual without express written consent from such individual or entity; and (iv) shall comply with all applicable laws and these Terms. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Services.

(c) The Services perform technical functions necessary to offer the services on the Services, including but not limited to transcoding and/or reformatting User Content to allow its use throughout the Services.

(d) We may reject, refuse to post or delete any User Content for any or no reason, including User Content that in our sole judgment breaches this Agreement or which may be offensive, illegal or breach the rights of any third party, or harm or threaten the safety of any third party. We are under no obligation to you or any other person to oversee, monitor or moderate User Content. We may at our option, moderate and review User Content to ensure that it complies with these Terms. If we do opt to monitor the Services, we assume no responsibility or liability to you for any User Content available on the Services.

(e) The licenses granted in this section are granted separately with respect to each item of the User Content that you submit to the Services.

(f) You are solely responsible for the User Content that you submit to the Services. You must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within the User Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Services) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.

PROHIBITED CONTENT / ACTIVITY

You must not upload or share any User Content which, in SWIPERR’s reasonable opinion:

  • Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Harasses or advocates harassment of another person;
  • Exploits people in a sexual or violent manner;
  • Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  • Solicits personal information;
  • Constitutes information that poses or creates a privacy or security risk to any person;
  • Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
  • Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Involves any form of user tracking, commercial activities and/or sales without prior written consent from SWIPERR such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
  • Breaches the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

You further agree not to undertake any of the following activities on the Services:

  • Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • Advertising to, or solicitation of, any user, without the written consent of SWIPERR to buy or sell any products or services through the unauthorized or impermissible use of the Services;
  • Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
  • Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Covering or obscuring the banner advertisements on any page on the Services via HTML/CSS or any other means;
  • Any automated use of the system, such as, but not limited to, using scripts to submit information or send comments or messages;
  • Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  • Impersonating or attempting to impersonate another user, person or entity;
  • Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
  • Selling or otherwise transferring your account;
  • Using any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  • Accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person; or
  • Using the Services in a manner inconsistent with any and all applicable laws and regulations.

You agree that any breach of the provisions of this Section will be considered a serious breach of the Agreement.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Swiperr harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from, relating to or resulting from (a)your breach or alleged breach of the Agreement; (b) your access to, use or misuse of the Service Content or the Services; (c) any breach of your representations and promises set forth herein, or (d) your violation of the rights of a third party, including but not limited to intellectual property rights; or (e)any overt harmful act toward any other user of the Site with whom you connected via the Site.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the above.

TERMINATION

We may terminate this Agreement and close your account, or suspend your access to the Services, at any time without notice and without responsibility or liability to you, in the event of your actual or suspected unauthorized use or misuse of the Services and/or Service Content, or breach of the Agreement. 

We may terminate this Agreement and close your account at any time on reasonable notice to you if we cease to provide the Services.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.