Terms of Service

The Gist

We (the folks at Swipe) run a website and online presentation service called Swipe.to and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on your account as possible and to let you express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your account (things like spam, viruses, or hate content).

If you find a presentation on the Swipe.to domain that you believe violates our terms of service, please report it to our support team, at support@swipe.to

Terms of Service

The following terms of service (“Terms”) govern all use of the service known as “Swipe” including its website and all content, services and products available at or through the website, including, but not limited to, the Swipe dashboard, the Swipe presentation editor, and the presentation control and viewing interfaces (the “Service”). The Service provides an online platform for creating, sharing and collaborating on presentations (“Presentations”) and other viewing aids (“Purpose”).

The Service is owned and operated by Swipe Tech Limited, a company registered in the UK (company no. 08589629) (“Swipe”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Swipe's Privacy Policy) and procedures that may be published from time to time on the Service by Swipe (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing, signing-up or using any part of the Service, you agree to become bound by and comply with the terms and conditions of this Agreement. The Service is available only to individuals who are at least 13 years old.

For purposes of these Terms:

“Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service by users including, without limitation Presentations.

“IPRs” all intellectual and industrial property rights whether registered or not including rights in confidential information and know-how and any rights of equivalent or similar effect anywhere in the world.

Your Account and Password

The Service is only available to users who sign up. Once you have signed up you may use the Service freely, save that certain products may require the use of your password. You may only access the Service for the Purpose and any other use of the Service is strictly forbidden. Swipe may block your access to the Service if it has reason to believe that you are using the Service for purposes other than the Purpose.

You are responsible for safeguarding the password that you use to access and use the Service and for any activities or actions taken under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Swipe shall not be liable for any loss or damage arising from your failure to comply with the above.

The Service will be available to you from the date you sign-up and accept these Terms and will continue until terminated.

Presentations and Security

If you create a Presentation on the Service, you are responsible for maintaining the security of your account and content. You must not describe or title your Presentations in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Swipe may change or remove any description or title that it considers inappropriate or unlawful, or otherwise likely to cause Swipe liability.

You must immediately notify Swipe of any unauthorised uses of your Content/Presentations, your account or any other breaches of security. Swipe will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

As a user you control your privacy settings. Swipe is not liable for misuse of privacy settings by you, including any damages of any kind incurred as a result of such act. You acknowledge that by accepting this Agreement, you fully understand and agree that any Content or Presentations set as "Public" can be seen by anyone or can be indexed by search engines. If the Content is of such private nature that any potential of other seeing it is damaging, Swipe recommends you do not upload it.

New Applications

Swipe is continually seeking to improve and update the Service by improving what we already do and adding new functions and applications. When new functions and applications are added to the Service, additional information about them both for the purposes of these terms of use and for the privacy policy will be made available by Swipe either on the Service or via email or in-Service messaging (at Swipe’s discretion). These terms of use and the privacy policy should be read in conjunction with the additional information on such new functions and applications.

Responsibility for Content

If you operate an account and make any Content available via the Service, you agree that you are entirely responsible for the content of, and any harm resulting from, that Content irrespective of its form. By making Content available, you represent and warrant that:

1. the downloading, copying and use of the Content will not infringe the IPRs of others;
2. if your employer has rights to IPRs you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured a waiver as to all rights in or to the Content;
3. you have fully complied with any third-party licenses relating to the Content and have passed on to end users any required terms of such licences;
4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing) and is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party (“Inappropriate Material”);
6. your Presentation is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods; and
7. your Presentation is not named or categorised on the Service in a misleading manner.

By submitting Content to the Service, you grant Swipe a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish such Content solely for the purpose of displaying, distributing and promoting it. If you chose to remove the Content, Swipe will use reasonable efforts to delete it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Swipe may, at its sole discretion, refuse or remove any Content that, in its opinion, violates any of its policies or is in any way harmful or objectionable or constitutes Inappropriate Material.

Monitoring of Service

Swipe does not monitor the use of the Service by its users nor the material available on any websites and pages to which the Service links. Additionally, Swipe does not screen Content or take steps to ensure that Inappropriate Material is not uploaded to or shared via the Service. Swipe disclaims any and all responsibility for any harm resulting from your use of the Service, downloading of any Content available on the Service or your visits and use of websites and webpages not controlled by Swipe.

As Swipe asks others to respect its IPRs, it respects the IPRs of others. If you believe that Content located on or linked to by the Service violates your IPRs or constitutes Inappropriate Material, you should notify Swipe as soon as you become aware of it. Swipe will respond to all such notices as it sees appropriate, including, without limitation, by removing or disabling all links to the infringing Content or Inappropriate Material. Swipe may terminate a user’s access to and use of the Service if the user is found to be a repeat infringer of the IPRs of others (including, without limitation, Swipe) or a creator and publisher of Inappropriate Material. In the case of such termination, Swipe shall not be obliged to refund any amounts previously paid by such user to access the Service.

Intellectual Property

This Agreement does not transfer from Swipe to you any IPRs owned by Swipe or a third party, and all right, title and interest in and to such property will remain (as between the parties) solely with Swipe. Swipe, Swipe.to, the Swipe logo, and all other trademarks, service marks, graphics and logos used in connection with Swipe, or the Service (the “Swipe IP”) are trademarks or registered trade marks of Swipe or Swipe’s licensors. Other IPRs used in connection with the Service may be owned by other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use the Swipe IP.

Changes

Swipe may, at its sole discretion, modify any part of these Terms. You should check periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. Swipe may also offer new services and/or features as part of the Service (including, new tools and resources). Such new features and/or services shall be subject to these Terms.

Termination

Swipe may terminate the users access to the Service without notice, where the user: (a) breaches these Terms; (b) misuses or challenges Swipe’s IPRs; or (c) uses or attempts to use the Service for purposes other than the Purpose. The user may, at any time, unsubscribe from the Service.

Swipe may discontinue or modify the Service and such modifications may adversely affect the use of the Service by users. Swipe will try to notify users of the cessation of the Service or any changes that would impact on the users’ use of the Service. Swipe may give such notices through the Service, on its website or by email.

Upon the termination of a subscription or termination of the Service:

1. the user’s right to access and use the Service shall immediately terminate; and
2. all Personal Information and Content of the user shall be permanently deleted from the Service, save that copies of the user’s data may remain stored: (i) for limited periods of time on back-up media which shall be cleansed from time to time; and (ii) where such information has been shared with other users via the Service where it will be retained in the same form as when you last updated it;
3. Swipe may retain the user’s personal information or other Content posted on the Service if so required for legitimate purposes; and
4. Swipe may retain any Generic Data.

Limitation of Liability

Neither Swipe nor its suppliers or licensors, will be liable with respect to any subject matter of this Agreement (including the performance or breach thereof), or in connection with the Service, or under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed £50 for any single event or series of related events.

Nothing in these Terms shall limit or exclude a party’s liability for death or personal injury caused by that party’s negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded by law.

A party shall not be in breach of these Terms, nor liable for any failure or delay in performance of any of its obligations under these Terms where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by Swipe, Swipe shall use reasonable efforts to notify users through the Service, via its website or by email.

General Representations and Warranties

You represent and warrant that:

1. your use of the Service will be in strict accordance with our Privacy Policy, these Terms and with all applicable laws and regulations;
2. your use of the Service will not infringe or misappropriate the IPRs of any third party;
3. any information you provide to Swipe as part of the provision of the Service is true, up to date and not misleading; and
4. you will keep your log-in details and password secure and not share such information with third parties.

Swipe warrants to you that:

1. the Service does not infringe the IPRs of any person and that we have the right to provide the Service and have the right to use the Swipe IP; and
2. we shall use reasonable efforts to provide the Service free of any computer viruses, worms, Trojans, spyware or other malicious code.

The Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Other than the warranties expressly set out above, Swipe gives no warranty nor makes any representation in relation to the Service or the Swipe IP. Without limiting the foregoing, to the maximum extent permitted under applicable law, Swipe disclaims all warranties, representations and conditions, whether express or implied, including, without limitation, those availability of the Service, non-disruption, functionality, merchantability, fitness for a particular purpose, or non-infringement. Neither Swipe nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.

Indemnification

You agree to indemnify and hold harmless Swipe, its directors, officers, employees and agents, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous

These Terms constitute the entire agreement between Swipe and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Swipe, or by the posting by Swipe of a revised version. If any part of these Terms are held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Swipe may assign its rights under these Terms freely. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. These terms supersede and cancel all previous understandings, communications and agreements between the parties relating to their subject matter.

Complaints procedure

The quality and your experience of the Service is really important to us. If a you have any complaints in relation to the Service or Swipe, please let us know by emailing us at support@swipe.to. We will investigate any complaints we receive and try to come to an amicable solution with our users.

Governing law and dispute resolution

The Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual dispute or claims) will be governed by and construed in accordance with English law. The parties to the Terms agree that the English courts will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims).

Governing language

The Terms are drawn up in the English language and may be translated into any language other than English provided that the English text will in any event prevail.

Swipe Tech Limited
Blenheim Grove Workspace, 12-16 Blenheim Grove
London, SE15 4QL, United Kingdom

Last modified: Aug 18, 2015