Terms Of Service
Terms and Conditions
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Swift Designs, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your swiftdesigns.com.au Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Swift Designs may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Swift Designs liability. You must immediately notify Swift Designs of any unauthorized uses of your blog, your account or any other breaches of security. Swift Designs 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.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- 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);
- the Content 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;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Swift Designs or otherwise.
By submitting Content to Swift Designs for inclusion on your Website, you grant Swift Designs a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Swift Designs will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Swift Designs has the right (though not the obligation) to, in Swift Designs’s sole discretion (i) refuse or remove any content that, in Swift Designs’s reasonable opinion, violates any Swift Designs policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Swift Designs’s sole discretion. Swift Designs will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Swift Designs the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Swift Designs before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time by submitting your request to Swift Designs in writing.
- Refunds. You my receive a refund on the following conditions only.
- Monthly hosting – 3 days from date of first payment
- Quarterly billing (every 3 months) – 1 week from date of first payment
- Semi-annual billing (every 6 months) – 2 weeks from first payment date
- Yearly and bi-annual (2 yearly) billing – 1 month from first payment date
- You will not receive a refund on hosting outside of these dates, if you have committed a criminal offence related to the hosting, have received a take down notice for copyright or other similar violations or have failed to pay other fees associated with hosting or any other reason which may arise
- Domain names can not be refunded after payment
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Swift Designs the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Swift Designs reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at anytime on thirty (30) days written notice to Swift Designs. See 4.4 below for exclusions
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Swift Designs to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free swiftdesigns.com.au services. All support will be provided in accordance with Swift Designs standard services practices, procedures and policies.
- Free trials. You are not required to give notice to cancel during your free trial. Failure to cancel before the expiration of the trial will require the above cancellation requests
- Exclusions. The following services are excluded from the 30 days written notice. Local Business design package, Basic Store design package and Featured Store design package. These packages require a minimum 3 year commitment. After which you can downgrade to hosting only options or opt for a free rebuild.
- Late Fees, suspensions and terminations. Late fees, suspensions and terminations will apply to all overdue invoices based on the following
- Accounts more than 5 days overdue will be billed a late fee of 10% of the invoice amount or $5, whichever is greater (including design packages)
- If an account is more than 30 days overdue it will be suspended until all overdue fees, including overdue charges are paid in full
- If an account if more than 120 days overdue the account will be terminated. This will destroy all files on the system and will not be recoverable
- Accounts may be suspended for traffic overages. To list a suspension the account holder may contact us for a brief increase or upgrade to a more generous plan
- Responsibility of Website Visitors. Swift Designs has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Swift Designs does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Swift Designs disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which swiftdesigns.com.au links, and that link to swiftdesigns.com.au. Swift Designs does not have any control over those non-Swift Designs websites and webpages, and is not responsible for their contents or their use. By linking to a non-Swift Designs website or webpage, Swift Designs does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Swift Designs disclaims any responsibility for any harm resulting from your use of non-Swift Designs websites and webpages.
- Copyright Infringement and DMCA Policy. As Swift Designs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by swiftdesigns.com.au violates your copyright, you are encouraged to notify Swift Designs in accordance with Swift Designs’s Digital Millennium Copyright Act (“DMCA”) Policy. Swift Designs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Swift Designs will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Swift Designs or others. In the case of such termination, Swift Designs will have no obligation to provide a refund of any amounts previously paid to Swift Designs.
- Intellectual Property. This Agreement does not transfer from Swift Designss to you any Swift Designs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Swift Designs. Swift Designs, swiftdesigns.com.au, the swiftdesigns.com.au logo, and all other trademarks, service marks, graphics and logos used in connection with swiftdesigns.com.au, or the Website are trademarks or registered trademarks of Swift Designs or Swift Designs’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Swift Designs or third-party trademarks.
- Advertisements. Swift Designs reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Swift Designs reserves the right to display attribution links such as ‘Blog at swiftdesigns.com.au,’ theme author, and font attribution in your blog footer or toolbar.
- Client Advertising: Swift Designs reserves the right to display your site, domain, business name, trademark and branding as an existing client for advertising purposes
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Swift Designs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Swift Designs may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Swift Designs may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your swiftdesigns.com.au account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Swift Designs if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Swift Designs’s notice to you thereof; provided that, Swift Designs can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Swift Designs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Swift Designs nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Swift Designs, or its suppliers or licensors, be liable with respect to any subject matter of this agreement 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 the fees paid by you to Swift Designs under this agreement during the twelve (12) month period prior to the cause of action. Swift Designs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Swift Designs, 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 Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Swift Designs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Swift Designs, or by the posting by Swift Designs of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the NSW, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sydney, NSW, Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sydney, NSW, Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is 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 this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Swift Designs may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Acceptance of Website design
Persuant to a written agreement, you hereby accept that the website quoted for will be the website that will be delivered within the timeline defined in the agreement with an allowance of 10% of time persuant to the following:
- You reply promptly (within 8 hours) of all requests
- Your domain name is registered
- You have active hosting in which the website can be deployed
- You have access to internet services
You must respond in writing within 14 days of the delivery of the final draft of the website for a revision to the completed work. Failure to do so will imply acceptance of the final draft and final payment will then be due within 3 days.
Failure to pay the final payment may result in late fees of 10 percent or $250, whichever is greater. Should the debt be referred to debt collection any applicable fees for debt recovery will be added to the invoice.
THIS FREE TRIAL SERVICE AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACQUISITION AND USE OF ANY FREE TRIAL SERVICE MADE AVAILABLE BY SWIFT DESIGNS. BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR OTHERWISE USING THE FREE TRIAL SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE FREE TRIAL SERVICE.
You may not access the Free Trial Service if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Free Trial Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. This Agreement was last updated on August 9, 2019. It is effective between You and Us as of the date of You accepting this Agreement.
1.1 “Free Trial Service” means the website and/or application(s) provided under this Agreement to You that We have made available for a limited time free of charge for the purpose of testing if the software is suitable to your needs. Free Trial Service excludes domain names, general and normal web hosting and standard website design
1.2 “Content” means information obtained by Us from Our content licensors or publicly available sources and which may be made available to You through the Free Trial Service, as may be more fully described in the Documentation.
1.3 “Documentation” means Our online user guides, documentation, and help and training materials, as updated from time to time, and which may be accessible via swiftdesigns.com.au or login to the applicable infrastructure(s) from which the Free Trial Service otherwise operates. Your use of the Free Trial Service shall be subject to any notice and licensing information in the Documentation as may be applicable to the infrastructure from which it operates and/or the Free Trial Service itself.
1.4 “GA Service” means any successor version of the applicable Free Trial Service that We may make generally available.
1.5 “Marketplace” means an online directory, catalog or marketplace of applications that may interoperate with the Free Trial Service.
1.6 “Non-Swift DesignsApplication” means a Web-based or offline software application that is provided by You or a third party and which may interoperate with the Free Trial Service, including, for example, an application that is developed by or for You, is listed on a Marketplace, or is identified as anything other than Swift Designs.
1.7 “Users” means individuals who are authorized by You to use the Free Trial Service, and have been supplied user identifications and passwords by You (or by Us at Your request). Users may include but are not limited to employees, consultants, contractors and agents of You or Your affiliates.
1.8 “We,” “Us” or “Our” means Swift Designd.
1.9 “You” or “Your” means the company or other legal entity for which you are accepting this Agreement, and affiliates of that company or entity.
1.10 Non-Swift Designs Application means anything outside of the delivered website core files and excludes third party plugins and themes not developed by Swift Designs
- Use of Free Trial Service.We shall make the Free Trial Service and Content available to You subject to the terms of this Agreement and the applicable Documentation. You shall allow only Users to access the Free Trial Service, and only for the purpose(s) described by Us. The Free Trial Service is for evaluation purposes only and is not supported, and may be subject to additional terms and fees as communicated to You.
- Acquisition of Non-Swift Designs Products and Services. The Free Trial Service may contain features designed to interoperate with Non-Swift Designs Applications. To use such features, You may be required to obtain access to Non-Swift Designs Applications from their providers, and may be required to grant Us access to Your account(s) on the Non-Swift Designs Applications. Any acquisition by You of such Non-Swift Designs products or services, and any exchange of data between You and any non-Swift Designs provider, is solely between You and the applicable non-Swift Designs provider. If You install or enable a Non-Swift Designs Application for use with the Free Trial Service, You grant Us permission to allow the provider of that Non-Swift Designs Application to access any data submitted to or collected through the Free Trial Service as required for the interoperation of that Non-Swift Designs Application with the Free Trial Service. We are not responsible for any disclosure, modification or deletion of such data resulting from access by the provider of such Non-Swift Designs Application. Non-Swift Designs Application may come at an additional cost which is payable to the provider. We accept no responsibility for the performance, reliability or deployment of Non-Swift Designs Application.
- Removal of Content and Non-Swift Designs Websites. If We are required by law, a licensor or any third-party rights holder to remove Content, or receive information that Content provided to You may violate applicable law or third-party rights, We may discontinue Your access to such Content through the Free Trial Service. In addition, We may, upon notice to You, require You to discontinue all use of such Content and, to the extent not prohibited by law, promptly remove such Content from its systems. If We receive information that a Non-Swift Designs Application hosted on a Service by You may violate Our External-Facing Service Policy or applicable law or third party rights, We may so notify You and in such event You will promptly disable such Non-Swift Designs Application or modify the Non-Swift Designs Application to resolve the potential violation. If You do not take required action in accordance with the above, We may disable the applicable Content, Free Trial Service and/or Non-Swift Designs Application or suspend and/or close your account until the potential violation is resolved. If so requested by Us, You shall certify such deletion and discontinuance of use in writing and We shall be authorized to provide a copy of such certification to any such third party claimant or governmental authority, as applicable.
- Feedback & Aggregated Data. If reasonably requested by Us, You agree to provide feedback to Us regarding the Free Trial Service, and Swift Designs may use such feedback as set forth in section 11 of this Agreement. We may use the data generated in connection with Your use of the Free Trial Service (e.g., types of web applications utilized); provided, however, in the event We provide such data to third parties, it shall be anonymized and presented in the aggregate so that it cannot be linked specifically to You or any User.
- Confidentiality.Information that is disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with this Agreement that is identified as confidential or that would reasonably be understood to be confidential based on the nature of the information or the circumstances surrounding its disclosure, is Confidential Information of the Disclosing Party. Notwithstanding the foregoing, the Free Trial Service and all information provided or disclosed to You relating to the Free Trial Service is Our Confidential Information. The Receiving Party shall use the same degree of care to protect such Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
- Term and Termination.This Agreement shall commence upon Your acceptance and shall remain in effect with respect to a Free Trial Service until the earlier of either (1) the conclusion of the 1 month Free Trial Service, (2) Our ceasing to make the applicable Free Trial Service functionality available to You due to a policy violation, or (3) You terminate the trial before the conclusion of the free trial period.
- Billing. 14 days prior to the end of the free trial period you will be sent an invoice with a due date and the value of the service you have subscribed to. Payments shall be payable on the due date. You must terminate the account prior to the end of the free trial if you do not wish to be billed. This will result in Your account being immediately closed at the free trial end date.
- Payments. Upon accepting the free trial you will be required to enter payment details. If you have not cancelled the trial prior to the due end date you will be automatically billed for the next month of service. This payment is non-refundable and considered as acceptance of the service and terms and conditions as offered. Payments will continue to be processed on the due date until cancelled. It is your responsibility to cancel all payment subscription profiles before the due date
- Refunds. Due to the nature of the free trial period we do not offer refunds on any products with a free trial period. Should You terminate your account Your account shall remain active until the end of the paid period unless you select immediate termination. Should Your account be suspended or terminated due to a policy or criminal violation or non-payment of invoices no refunds shall be offered. In addition to these refund policies, you may request a refund for hosting on the following conditions:
- Debt recovery. Swift Designs retains the rights to refer any and all debts to our debt recovery provider, Collect More for recovery of outstanding payments. Late fees and debt recovery costs will be added to any outstanding amount
- Your Responsibilities.You are responsible for all activities that occur in User accounts and for Users’ compliance with this Agreement. You shall not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Free Trial Service or Content nor make the Free Trial Service or Content available to any third party, other than as expressly permitted by this Agreement; (b) use the Free Trial Service to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (c) use the Free Trial Service to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (d) use the Free Trial Service to send or store any virus, worm, time bomb, Trojan horse or other harmful or malicious code, file, script, agent or programs; (e) interfere with or disrupt the integrity or performance of the Free Trial Service or the data contained therein; (f) attempt to gain unauthorized access to the Content, the Free Trial Service or its related systems or networks, or permit direct or indirect access to or use of the Free Trial Service or Content in a way that circumvents a contractual usage limit; (g) modify, copy or create derivative works based on the Free Trial Service; (h) modify, copy or create derivative works based on Content except as expressly permitted under this Agreement or the Documentation; (h) frame or mirror any part of the Free Trial Service or Content, other than framing on Your own intranets or otherwise for its own internal business purposes; (i) reverse engineer the Free Trial Service (to the extent such restriction is permitted by law); (j) access the Free Trial Service in order to build a competitive product or service; (k) access the Free Trial Service or Content in order to copy any ideas, features, functions or graphics of the Free Trial Service or Content; (l) send or store any data subject to the Health Insurance Portability and Accountability Act, Gramm-Leach-Bliley Act, or the Payment Card Industry Data Security Standards; or (m) otherwise use the Free Trial Service in manner that violates applicable laws. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all information and material submitted to the Free Trial Service by You or by Users or on their behalf, the means by which You acquired such information and material, and the use of such content and data; (ii) to the extent any Documentation imposes restrictions on submission of data to services which operate on the same infrastructure as the Free Trial Service, You shall abide by such restrictions in Your submission of data to the Free Trial Service; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Free Trial Service and Content, and notify Us promptly of any such unauthorized access or use; and (iv) comply with the Documentation (if applicable) and all applicable local, state, federal and foreign laws, and written or electronically provided instructions from Us in using the Free Trial Service and Content; (v) comply with terms of service of Non-Swift Designs Applications with which You use the Free Trial Service or Content.
- No Warranty. THE FREE TRIAL SERVICE IS PROVIDED “AS-IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Free Trial Service may contain bugs or errors. Any production use of the Free Trial Service is at Your sole risk. You acknowledge that We may discontinue making the Free Trial Service available to You at any time in Our sole discretion, and may never make the Free Trial Service generally available.
- No Damages.IN NO EVENT SHALL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Proprietary Rights.Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Free Trial Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Free Trial Service and/or any GA Service any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Free Trial Service.
- Relationship to Other Agreements.You may be or become entitled to receive access to other of Our online services or a generally available version of the GA Service under a separate agreement with Us, including but not limited to the Master Subscription Agreement. In such case, that separate agreement will govern Your access to Our other online services or generally available version of the GA Service, but will not govern Your access to the Free Trial Service, and this Agreement will govern Your access to the Free Trial Service but not Your access to Our other online services or any generally available versions of the GA Service. If during the Term of this Agreement We make a GA Service generally available, then following such general availability, the use of such GA Service shall thereafter be governed by the terms and conditions of the Master Subscription Agreement (and not this Agreement) unless We give You notice of the applicability of different terms and conditions for such GA Service. The use of a GA Service may require Your payment of subscription or other usage fees as applicable to Our customers generally for use of such GA Service.
- Communications.By registering for and using the Free Trial Service, You thereby consent to receiving information about Swift Designs and its products and services, via the contact information that You provide to Swift Designs. You may opt-out of any such communications at any time, by providing Swift Designs with notification of Your intent to opt-out in accordance with the instructions contained in such communications.
- General Provisions.You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Our prior written consent. This Agreement shall be governed exclusively by the internal laws of the State of New South Wales, without regard to its conflicts of laws rules. Each party hereby consents to the exclusive jurisdiction of the state and federal courts located in Sydney, New South Wales, Australia to adjudicate any dispute arising out of or relating to this Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.