- ACCOUNTS & REGISTRATION:In order to access the Sites and the SWM Services, You must first register and/or log in to Your user account (“SWM Account”). During the registration process, You will be asked to provide details, including, without limitation, Your full name, Your display name and Your valid e-mail address. It is a condition of use of the Sites and the SWM Services that all the details You provide will be accurate, current, and complete.
Please keep Your password confidential. You are responsible for all use on Your SWM Account, including unauthorized use by any third party, so please be very careful to guard the security of Your password. Please notify Us if You know of or suspect any unauthorized use of Your SWM Account.
We reserve the right at Our sole discretion to immediately terminate or restrict Your SWM Account or Your use of the Sites or the SWM Services, without notice or liability, if We determine in our sole discretion that You have breached this Agreement, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other reason.
- Customer Support. If We can be of help to You, please do not hesitate to contact Customer Support at firstname.lastname@example.org.
- COMMUNICATION PREFERENCES. By using the Sites and the SWM Services, You consent to receiving electronic communications from Us relating to Your SWM Account. The communications will include notices about Your SWM Account, including, without limitation, change in password, confirmation e-mails, newsletters, customer surveys, and notification of new events, topics, challenges, content, and features. You agree that any notice, agreements, disclosure or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing. You also consent to receiving certain other communications from Us, such as special offers and promotional announcements. If you no longer want to receive direct marketing emails, simply contact us at email@example.com.
- USER MATERIALS, LICENSE GRANTED & RULES OF CONDUCT. As part of the SWM Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) content that is six words on various topics determined by Us, in our sole discretion (collectively, “User Material”). In order to keep the Sites and the SWM Services enjoyable for all of our users, You must adhere to the following Rules of Conduct:
- You should Post User Material that is directly relevant to the SWM Services and the topics provided by Us.
- You may not Post:
- User Material that contains, hosts or links to content that contains “Unsuitable Material,” including, without limitation, content that (A) violates the rights of others (including, without limitation, patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights); (B) contains defamatory content; (C) contains hate speech or any speech that incites violence or attacks, threatens, intimidates, or disparages individuals or groups based on attributes such as race, sex, color, religion, national origin, sexual orientation, disability, or other traits; or (D) violates any applicable federal, state or local laws or regulations;
- User Materials that You do not have all rights and authority necessary to Post;
- Surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content;
- Files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or the Sites;
- User Material that improperly claims the identity of another person;
- Any unsolicited advertising, promotional materials or other forms of solicitation to users or subscribers, individuals or entities.
- You will not access or use the Sites or SWM Services in a way that:
- violates any applicable international, federal, state or local laws or regulations;
- defames, abuses, harasses, stalks, threatens, embarrasses, causes distress, unwanted attention or discomfort or otherwise violates the legal rights (including without limitation patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights) of any user, member, affiliate or representative of ASL or SWM, or SWM itself
- publishes or disseminates Unsuitable Material, as defined above, including but not limited to text, graphics, audio and video files;
- uses technology or other means to access, index, frame or link to the SWM Services that is not authorized by Us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the SWM Services);
- involves accessing the SWM Services through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the SWM Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Sites or the SWM Services, including ASL’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the SWM Services;
- uses the SWM Services to advertise or promote services that are not expressly approved in advance in writing by ASL;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates this Agreement or any guidelines or policies posted by ASL;
- interferes with any other party’s use and enjoyment of the SWM Services; or
- attempts to do any of the foregoing.
- You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Sites.
- You will not attempt to “crack, ” “hack, ” “bomb, ” manipulate or otherwise gain unauthorized access to another account username(s) or other information, ASL or its affiliates’ servers, ASL or its affiliates’ software or areas of the Sites not intended for Your access.
- You will not harvest, mine or otherwise collect or store personal information about others, including without limitation e-mail addresses and user or subscriber profiles.
- You may not send, facilitate or encourage the sending of, unsolicited, bulk or other communications. You understand that We may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within Our computer or communications networks. If You Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the SWM Services, You acknowledge that You will have caused substantial harm to Us and that You will be fully liable to Us and other parties to the full extent of the law.
- You agree not to solicit, for commercial purposes, users of the Sites or SWM Services.
- You agree not to include links as part of your signature line as they will be considered a form of solicitation and removed.
Please note that we use your display name as your user ID and therefore your display name will appear to the public each time you Post. We advise that You do not, and You should also be careful if You decide to, Post additional personally identifiable information, such as Your email address, telephone number, or street address.
Permissions. You must be, or have first obtained permission from, the rightful owner of any User Material You Post. By submitting User Material, You represent and warrant that (a) You own the User Material or otherwise have the right to grant Us the license provided below; and (b) all material, content and information contained in the User Material that You Post does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your Posting User Material. We will remove all content and User Materials if properly notified that such content or User Material infringes on another’s intellectual property rights. You acknowledge that ASL does not guarantee any confidentiality with respect to any User Material.
License Granted. You retain any copyright you may have in Your User Materials. By Posting User Material, You grant ASL a non-exclusive, transferable, sub-licensable, fully paid, royalty-free, worldwide license to store, use, display, reproduce, distribute, transmit, modify, sublicense, prepare derivative works, sell, print, publish, and market such User Material, in whole or in part, individually or as part of a compilation or collective work, in any media formats and any media channels now known or hereinafter created (“License”). The License granted herein shall also include, without limitation, the development and sale of merchandise related to or otherwise using the User Materials. To the extent permitted by law, You waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your User Materials.
- OUR INTELLECTUAL PROPERTY AND YOUR LIMITED LICENSE. Subject to this Agreement, ASL hereby grants you a nonexclusive, nontransferable, non-sub-licensable, right to: (i) access the Sites; and (ii) use the SWM Services. Any use of the Sites or the SWM Services (including User Materials for which You do not own the copyright) for commercial purposes is strictly prohibited. This license is for personal, non-commercial use only. Unauthorized access to the Sites, or to the telecommunications or computer facilities used to deliver the Sites, is a breach of this Agreement and is a violation of law. The Sites, and anything derived from it, including, without limitation, its content, information, software, products, and services are the sole property of ASL.
You agree that We own and retain all rights to the SWM Services. You further agree that the User Material that You access and view as part of the SWM Services is owned or controlled by Us, Our licensors and/or affiliates. You may not, directly or indirectly through the use of any device, software, internet site, web-based service, or other means:
- remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Sites or its content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Sites, the SWM Services or the content of either; or
- copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any content of the Sites or the SWM Services without the prior written approval of ASL.
The Sites and the SWM Services (including Content) includes both material owned or controlled by ASL and material owned or controlled by third parties and licensed to ASL. Title to all content on or from the Sites remains with SWM or the third party owners of such content. Any use of the content not expressly permitted by these terms is a breach of this Agreement and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by ASL.
- INFRINGEMENT NOTICE. We respect the intellectual property rights of others and require that our users do the same. If you believe Your work has been copied in a manner that constitutes copyright infringement, or You believe Your rights are otherwise infringed or violated by anything on the Sites, please notify Us by sending an email to firstname.lastname@example.org.
- Special Provisions Applicable to Users Outside the United States.The following provisions apply to users and non-users who transact, use, access, or interact with ASL, the Sites or the SWM Services outside the United States:
- You consent to having Your personal data transferred to and processed in the United States.
- SWM Services, software, and other services or products available from the Sites may be subject to United States Export laws, rules and regulations, as amended from time to time. No SWM Services, application or software available from the Sites may be downloaded or exported, including without limitation, (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the SWM Services and otherwise using the Sites, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
- DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNITY, CLASS ACTION WAIVER.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE THE ACCEPTABLE PERFORMANCE OF THE SWM SERVICES, YOU AGREE THAT USE OF THE SWM SERVICES IS AT YOUR OWN RISK. THE SWM SERVICES, INCLUDING THE SITES AND ANY APPLICATION, USER MATERIALS, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES OR ANY APPLICATION, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AUTHOR SOLUTIONS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SWM SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL ASL OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “ASL PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, ADVERTISING OR TERMINATION OF YOUR SUBSCRIPTION, YOUR SWM ACCOUNT, THE SITES, OR THE SWM SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES OR ANY APPLICATION), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, DECEPTIVE OR UNFAIR TRADE PRACTICES, MISREPRESENTATION, OR FALSE ADVERTISING OR OTHER THEORY, EVEN IF THE ASL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE PRIOR TWELVE (12) MONTHS OR US$50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE ASL PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, USER MATERIAL POSTED BY YOU OR YOUR USE OF THE SWM SERVICES (INCLUDING YOUR USE OF THE CONTENT). ASL RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
- LIMITATION OF CLAIMS; Governing Law; JURISDICTION AND VENUE.
You must file any legal suit, arbitration, action, or proceeding for damages relating to or arising directly or indirectly from this Agreement (“Action”) no later than one hundred eighty (180) days after any portion of Your claim has accrued. You hereby waive the right to file an Action for any loss, damage or liability related to or arising directly or indirectly from this Agreement under any state or federal statute of limitations that may be longer.
This Agreement, and any Action arising out of or related to this Agreement, the Sites, the SWM Services, and, generally, any act or omission involving You and Us will all be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Your residence or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Indiana with respect to matters of state law or to any rule of construction that allows or directs that ambiguities be construed against the drafter of a contract. You consent that You will commence any Action of any kind whatsoever arising from or related to this Agreement, the Sites, or SWM Services only in the Small Claims, Circuit or Superior Courts sitting in Bloomington, Monroe County, Indiana, or the Federal Courts of the Southern District of Indiana, sitting in Indianapolis, Indiana, and any appellate court therefrom.
CLASS ACTION WAIVER. NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS OR REPRESENTATIVE PROCEEDING.
- MISCELLANEOUS PROVISIONS.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained herein, and supersedes all prior or contemporaneous understandings, agreements, discussions, or representations, whether written or oral. All notices under this Agreement by You to Us must be supplied in writing sent by regular mail to: ATTN: Legal, 1663 Liberty Drive, Bloomington, Indiana 47403 or by e-mail to email@example.com. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither of the Parties will have authority to contract for or bind the other Party in any manner whatsoever. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and each of their respective heirs, executors, successors and permitted assigns. You may not assign any of Your rights or delegate any of Your obligations under this Agreement without the prior written consent of Us. Any purported assignment or delegation in violation of this section is null and void. We may assign Our rights or delegate any of Our obligations under this Agreement to any of Our employees or Our Contractors, in Our sole discretion, or to any person or entity acquiring all or substantially all of Our business and assets. No waiver of any of the provisions of this Agreement is effective unless explicitly set forth in writing. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof except with respect to provisions which require action within a stated period of time. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. If any term or provision of this Agreement is found to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Neither party will be liable or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from any reasonably unforeseeable act or circumstance beyond Our reasonable control, including, but not limited to, any acts of God, war, terrorism, labor conditions, fire, flood, storms, third party acts or governmental action , or restraints or delays affecting Our vendors’ ability to enable us to timely fulfill services.