This is a legal agreement ("Agreement") between you and Sound Swift, Inc. Please read the Agreement carefully before registering for the Sound Swift service. By registering for Sound Swift.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, you are not permitted to use the Sound Swift.com service.
The Terms are subject to change by SoundSwift.com, Inc. at any time, without notice, effective upon posting of a link to same on our website (www.soundswift.com). Minors (under 18 years old) may not become members. When you register, and from time to time thereafter, Sound Swift.com, Inc. will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old.
Either you or Sound Swift.com, Inc. may terminate your Sound Swift.com membership at anytime, for any reason, effective upon sending written notice to the other party. Sound Swift.com, Inc. reserves the right to immediately suspend or terminate your access to the Sound Swift.com service, without notice, upon any breach of this Agreement by you which is brought to Sound Swift.com, Inc.'s attention.
Your membership in the Sound Swift.com service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Sound Swift.com service, or transmit to other Sound Swift.com Members.
There is no tolerance for objectionable content. You will NOT post on the Sound Swift.com service, or transmit to other Sound Swift.com members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the Sound Swift.com service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URL's, E-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. Sound Swift.com, Inc. reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Sound Swift.com members.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other Sound Swift.com members. Sound Swift.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other members. Any infraction may lead to legal remedy on behalf of Sound Swift.com, Inc.
Indemnity by Member
You will defend, indemnify, and hold harmless Sound Swift.com, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Sound Swift.com Service, including, but not limited to, any breach by you of the terms of this Agreement.
Opinions, advice, statements, offers, or other information or content made available through the Sound Swift.com service are those of their respective authors and not of Sound Swift.com, Inc., and should not necessarily be relied upon. Such authors are solely responsible for such content. Sound Swift.com, Inc. does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Sound Swift.com, Inc. be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Sound Swift.com Service, or transmitted to Sound Swift.com members.
WARNING - PLEASE READ: It is possible that other Sound Swift.com members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Sound Swift.com Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Sound Swift.com, Inc. is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Sound Swift.com service or release to others.
Sound Swift.com, Inc. reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sound Swift.com Service. Sound Swift.com, Inc. shall have the right to remove any such material that violates, or is alleged to violate, the law, or this Agreement. Notwithstanding this right of Sound Swift.com, Inc., you remain solely responsible for the content of the materials you post in the public areas of the Service and your private email messages. Emails sent between you and other Sound Swift.com members that are not readily accessible to the general public will be treated as private by Sound Swift.com, Inc. to the extent required by applicable law.
Removal of Information
While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the code of conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may transmit or record to the Service or send to the users of the Service.
Sound Swift.com, Inc. owns and retains other proprietary rights in the Sound Swift.com Service. The Service contains the copyrighted material, trademarks, and other proprietary information of Sound Swift.com, Inc. and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of Sound Swift.com, you automatically grant, and you represent and warrant that you have the right to grant, to Sound Swift.com, Inc. and other Sound Swift.com members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Information Supplied by Member
Mobile Fees and Payments
Any questions or disputes regarding billing, fees or payments should be addressed to your third party mobile phone service provider.
Disclaimer of Warranty
Sound Swift.com, Inc. provides the Sound Swift.com Service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in connection with the Service or in connection with any communication with Sound Swift.com, Inc. or its representatives, or otherwise with respect to the Service. Sound Swift.com, Inc. specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Sound Swift.com, Inc. does not warrant that your use of the Sound Swift.com service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. Sound Swift.com, Inc. disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range, or any interruption in telephone service.
Limitation of Liability
In no event will Sound Swift.com, Inc. be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, lost profits, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Sound Swift.com Service, even if Sound Swift.com, Inc. or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, Sound Swift.com, Inc'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 Sound Swift.com, Inc. for the Service during the term of membership.
In addition, Sound Swift.com, Inc. disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or "hackers") of the Sound Swift.com Service.
State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You agree that Florida law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Florida, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of Florida in connection with the Service or this Agreement. This Agreement, accepted upon registering for the Sound Swift.com Service, contains the entire agreement between you and Sound Swift.com, Inc. regarding the use of the Service. This Agreement may only be amended upon notice by Sound Swift.com, Inc. to you, or by a writing signed by you and an authorized official of Sound Swift.com, Inc. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Sound Swift.com will issue a refund within 72 hours of an initial subscription provided that none of the Services have been utilized. Beyond these conditions, requests for refunds will be at the sole discretion of Sound Swift.com and will be reviewed on a member to member basis.
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that he or she has used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.