The following terms and conditions (the "Agreement") govern all use of any part of Swamer Store, LLC's
("Swamer Store," "we," "us," or "our") applications, games, content, activities, and services (the
"Services") which are made available by us via our web site at www.swamer.com (the "Site") or through other communication
platforms, including third party social networking websites or your mobile phone, and whether or not you
have registered for an account on our Site or for any of our Services: (A) YOU ("USER") REPRESENT THAT
YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW (THESE "TERMS") OR (B) IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13)
AND EIGHTEEN (18), YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. If you
do not agree with all of these Terms, or you are not at least thirteen (13) years of age, or you are
between the ages of thirteen (13) and eighteen (18) and your legal guardian does not agree with all of
these Terms, please do not access and/or use the Site or Services.
Swamer Store reserves the right, at its sole discretion, to modify or replace any of the features of the
Services, and additional guidelines, terms or conditions of this Agreement at any time which will be
available at www.swamer.com are hereby made a part of these Terms.
It is User's responsibility to check this Agreement periodically for changes. User's continued use of
the Service following the posting of any changes to this Agreement constitutes acceptance of those
changes. Your continued use of any Site or Service thirty (30) calendar days after the changes are first
notified by Swamer Store as described above will constitute your agreement to such changes. If you
object to any change, your sole recourse shall be to immediately cease using the Site and Services.
Swamer Store may, in its sole discretion, refuse to offer the Service to any person or entity and
change its eligibility criteria at any time. This provision is void where prohibited by law and the
right to access the Service is revoked in such jurisdictions.
1. LICENSE TO USE THE SERVICES
(a) Subject to your compliance with these Terms, Swamer Store grants you a limited,
non-exclusive, non-transferable, non-sublicense-able, revocable license to access and use the Services
solely for your personal non-commercial entertainment purposes. You may not use the Services for any
other purpose, commercial or otherwise.
(b) You agree not to: (i) use the Service for any purpose other than as expressly
permitted by these Terms; (ii) copy (except to execute games on your mobile phone for your personal
non-commercial entertainment use), adapt, merge, modify, prepare any derivative works of, reverse
engineer, disassemble, decompile, license, sell, stream, distribute or otherwise transfer, or otherwise
exploit any materials (including any software) or any portion thereof, provided through the Site or
Services; or (iii) otherwise violate these Terms, including the Code of Conduct described in Section 2
below. Any use of the Site or Services in violation of these limitations will be considered a breach of
these Terms, is cause for immediate suspension and/or termination under Section 11(b) of these Terms,
and/or may result in legal action against you.
2. RESTRICTIONS AND CODE OF CONDUCT
You agree that you will not (the following restrictions are referred to collectively as the
"Code of Conduct"
(a) cheat or use, develop or distribute automation software programs ("bots"), "macro"
software programs or other “cheat utility” software programs or applications which are designed to
modify the Services or Swamer Store experience;
(b) exploit, distribute or publicly inform other users of any game error, miscue or bug
which gives an unintended advantage or allows impersonation of another person;
(c) disrupt, attempt to, or otherwise assist in the disruption of (i) any computer or
network used to provide or support the Services or (ii) any other user's experience;
(d) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted
files or data, or any other similar software or programs that may damage the operation of the Services
or other users' computers;
(e) promote or encourage any illegal activity including, without limitation, hacking,
cracking or distribution of counterfeit software, or cheats or hacks for the Services;
(f) publish, post, upload, transmit, distribute or disseminate User Content (as defined
in Section 8(a) below) that is harmful to minors, otherwise harmful, abusive, vulgar, harassing,
sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing,
embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing
another user’s personal information if he or she has not made such information public on the host site
(if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
(g) submit material that is copyrighted, protected by trade secret or otherwise subject
to third party intellectual property or proprietary rights, including privacy and publicity right,
unless you are the owner of such rights or have permission from their rightful owner to post the
material and to grant Swamer Store all of the license rights granted herein;
(h) restrict or inhibit any other user from using and enjoying the Services (such as,
but not limited to, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting
the return key repeatedly, inputting excessively large images so the screen goes by too fast to read,
use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding
(continuous posting repetitive text);
(i) promote, encourage, or otherwise advocate the use of illegal drugs;
(j) violate any other terms governing the access or use of the Services (including any
third party web site through which the Services are available);
(k) publish falsehoods or misrepresentations that could damage Swamer Store or any
(l) post advertisements or solicitations of business, advertise or offer to sell or buy
any goods or services for any purpose through the Services, unless the Services on which you are playing
specifically and expressly allow such messages and provided further that offers to buy or sell in-game
items, if expressly permitted by Swamer Store, are limited to the forum or channel specified by Swamer
Store for such offers;
(m) collect (in an automated manner or otherwise) personal information (including
attempting to obtain password or account information) about other users without their written consent,
or impersonate or create a false identity (such as a celebrity, web site administrator or a Swamer Store
(n) remove or obscure any proprietary notices on the Service;
(o) use the Services (including bulletin boards and other communications services) or
your account in any manner other than for personal communication as an individual user (e.g. sending
surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited
(p) sublease your account or offer “free space” on or other access to your account to
(q) improperly use support channels or complaint buttons to make false reports to
(r) use the Services for fraudulent transactions or for any purpose that violates any
applicable local, state, national, or foreign laws, regulations, or treaties; or
(s) otherwise create liability for Swamer Store.
As between the parties, Swamer Store shall own all title, ownership rights, and intellectual property
rights in and to the Service, and any copies or portions thereof. In the event User submits any content,
data or information to the Service, User represents and warrants that User the full right and authority
to do so (without any infringement of, or conflict with, the rights of any third party).
3. USER SUBMITTED CONTENT
The Service may allow user to submit, post or upload information and/or content (such as in chat forums)
("User Submissions"). By submitting the User Submission(s) to the Service, User hereby does and shall
grant Swamer Store a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and
transferable license to reproduce, distribute, display, and perform the User Submission(s) in connection
with the Service. For clarity, the foregoing license grant to Swamer Store does not affect User’s other
ownership or license rights in your User Submission(s), including the right to grant additional licenses
to the material in your User Submission(s). User Submission(s) may be withdrawn by written request
to [[email protected]] to delete content and terminate User’s account.
In connection with your User Submission(s), User affirms, represents, and warrants that: (i) User owns
or has the necessary licenses, rights, consents, and permissions to use and authorize Swamer Store to
use each and every image and sound contained in each such User Submission and to enable inclusion and
use of such User Submission(s) in the manner contemplated by the Service and this Agreement; (ii) User
has the written consent, release, and/ or permission of each and every identifiable individual person in
the User Submission to use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of the User Submission(s) in the manner contemplated by the Service and this
Agreement; and (iii) the posting of your User Submission on or through the Service or otherwise does not
violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any
other rights of any person or entity. User agrees to pay all royalties, fees, and other monies owing any
person or entity by reason of any content posted by User to or through the Service.
Swamer Store does not endorse any User Submission or any opinion, recommendation, or advice expressed
therein, and Swamer Store expressly disclaims any and all responsibility or liability in connection with
User Submission(s). Swamer Store reserves the right to, in its sole discretion, remove any User
Submission(s) at any time (with or without notice).
3. ACCOUNT AND SECURITY
(a) You may access the Services from our Site by registering for an account on our
Site. You represent and warrant that all required registration or other information (including your
email address) you submit is truthful, complete, and accurate and that you will, at all times, maintain
the accuracy of such information. When you sign up for an account, you will be asked to choose a user
name and a password for your account. You may not use a username that is used by someone else or that
violates the Code of Conduct.
(b) Swamer Store may provide, and you may access, the Services through third party
social networking websites ("Third Party Affiliated Websites"). If you are accessing
the Services through a Third Party Affiliated Website, you must be a registered member of that Third
Party Affiliated Website and you must be in compliance with the terms and conditions applicable to that
Third Party Affiliated Website in addition to these Terms. If you maintain more than one account on any
Third Party Affiliated Website, you may access the Services from only one account on that Third Party
(c) You may be able to use your account and/or user ID on Third Party Affiliated
Websites to access and use the particular Services made available through such Third Party Affiliated
Website. If any of the Services require you to open an account directly with us on our Site, you must
complete the registration process as described in Section 4(a) above.
(d) You are responsible for maintaining the confidentiality of your account information
(including usernames, screen names, and passwords and billing information). You must notify us
immediately of any unauthorized use or theft of your account or any other breach of security with
respect to any Services. We will not be liable for any loss that you may incur as a result of someone
else using your account, either with or without your knowledge. You are responsible for the activities
occurring under your account and you will be liable for any losses or damages incurred by Swamer Store
or any third party due to someone else using your account. You may not use anyone else’s account at any
time. Your account is personal to you and you may not transfer or make available your account to others.
Any distribution by you of your account or related information may result in immediate suspension and/or
cancellation of your account without refund.
4. CHARGES AND BILLING
In some cases, you can use a stored value (gift card), credit or debit card, PayPal, or other similar
accounts (each referred to herein as "Payment Information") to pay for optional
Services and/or upgrades. When you provide Payment Information to us (or our service providers), you
represent and warrant that you are the authorized user of the Payment Information that is used to pay
such charges. You must promptly notify us of any changes to your Payment Information. You are
responsible for all charges incurred, including applicable taxes, and all purchases made by you or
anyone that uses your account, including your family or friends. If you order any optional Service
and/or upgrades, you agree to pay the applicable fee for such optional Service and/or upgrade (as set
forth in the ordering process) and you hereby authorize us to charge your stored value (gift card),
credit or debit card, PayPal, or other similar accounts using the Payment Information you provided in
the ordering process.
5. THIRD PARTY PROMOTIONS AND LINKS
Our Site and/or Services may contain advertisements and other promotional content of third parties
including links to third party websites or vendors (collectively "Third Party Promotions
and Links"), some of which may invite you to participate in promotional offers in return
for receiving optional Services and/or upgrades (such as in-game currency). Some of these Third Party
Promotions and Links may charge separate fees, which are not included in any fees that you may pay to
Swamer Store. Any separate charges or obligations you incur in your dealings with these third parties
are your responsibility. We make no representation or warranty regarding any content, goods and/or
services contained in such Third Party Promotions and Links, and will not be liable for any claim
relating thereto. These Third Party Promotions and Links are not under the control of Swamer Store, and
Swamer Store has no responsibility for, their content, goods, services, performance, operation,
availability, business practices or policies. We are providing these Third Party Promotions and Links to
you only as a convenience and we do not imply any endorsement or recommendation of their content, goods,
or services, or of any association of us with such third parties. If you decide to access any of these
Third Party Promotions and Links, you do this entirely at your own risk. Third Party Promotions and
Links including third party websites are subject to their own terms and policies, including privacy and
data gathering practices.
Your interactions with third parties from whose websites or networks the Services are made available or
with other users of the Services are solely between you and such third parties and users. You agree that
Swamer Store will not be responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any such third parties or users, we are under no
obligation to become involved. You hereby release and forever discharge us, our directors, officers,
employees, agents, successors, and assigns, from, and hereby waive and relinquish, all past, present and
future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of
action of every kind and nature (including personal injuries, death, and property damage), that has
arisen or arises directly or indirectly out of, or relates directly or indirectly to, any of your
interactions with, or the acts or omissions of, any such third parties or users. IF YOU ARE A CALIFORNIA
RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH
STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
(a) "Service Content" means the software, applications, games, text, graphics, images,
sounds, video, and other material, information, or content, perceived, made available from, uploaded to,
or otherwise transmitted on or through the Site or Services, excluding User Content but including
accounts, characters, and Virtual Currency and Virtual Goods (as such terms are defined in Section 14(a)
below), created, acquired or developed as a result of game play. “User Content” means text, graphics,
images, sounds, video, and other material, information, or content, uploaded to, or transmitted on or
through, the Site or Services by you or other users, but excluding Feedback. “Feedback” means any
feedback, comments, or suggestions you provide Swamer Store regarding the Services, Service Content, or
the Site, including any responses provided through user surveys.
(b) As between you and Swamer Store, you acknowledge and agree that all Service Content
and Feedback is the sole and exclusive property of Swamer Store. If you are deemed to have retained,
under any applicable law, any worldwide right, title or interest (including intellectual property
rights) in or to any portion of the Service Content or Feedback, you agree to and hereby do irrevocably
and unconditionally assign to Swamer Store all of your worldwide right, title and interest (including
intellectual property rights) in and to such Service Content and Feedback, without additional
consideration. If such assignment is ineffective under applicable law, you hereby grant to Swamer Store
an exclusive, irrevocable, sublicense-able, transferable, worldwide, perpetual, fully-paid, and
royalty-free license, under all intellectual property and proprietary rights, to reproduce, modify,
create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform,
use and exploit in any manner any and all of the Service Content and Feedback. To the extent permitted
by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in
the Service Content or Feedback.
(c) Subject to your compliance with these Terms, Swamer Store grants you a limited,
non-exclusive, non-transferable, non-sublicense-able (except for your benefit to the owner of the third
party website described below), revocable license to post your own character or any other Service
Content that Swamer Store specifically and expressly gives you notice or specifies on the Site, may be
posted on third party websites or your own website provided, however, that (i) you have express
permission from the owner of the third party website to post such Service Content on such website, (ii)
the third party website or your website where such Service Content is posted complies with all
applicable laws, (iii) you post such Service Content in accordance with these Terms and such additional
conditions as may be specified in our notice or on our Site where you were given permission for such
postings, and (iv) neither the third party nor you obtain any right to such Service Content other than
the license granted to you herein.
(d) We do not claim any ownership rights in any of your User Content. You hereby grant
to us an irrevocable, sublicense-able, transferable, worldwide, perpetual, fully-paid, and royalty-free
license, under all intellectual property and proprietary rights, to reproduce, modify, create derivative
works of, publish, distribute, transfer, transmit, publicly display, publicly perform, use and exploit
in any manner any and all of your User Content, including for commercial or promotional use. You agree
to ensure that your User Content does not violate these Terms, including the Code of Conduct.
(e) Swamer Store and its designees have the right, but not the obligation, to edit,
refuse to post, or remove any User Content that we deem objectionable or that violates these Terms or
the spirit of these Terms, in our sole discretion and determination. If you encounter something you find
objectionable and in violation of these Terms, you may bring it to our attention by reporting it via the
in-game support system. We do not assume any responsibility or liability for User Content or other third
party content provided on our Site or through the Services and you bear the entire risk of the
completeness, accuracy or usefulness of such content.
Swamer Store reserves the right, at any time, to modify, suspend, or discontinue the Site or Services,
including any content thereon, or any parts of the foregoing with or without notice. You agree that
Swamer Store will not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Site or Services, including any content thereon, or any parts of the foregoing
with or without notice.
Security is a high priority for us, and we make reasonable efforts to protect your account through the
design of our Site and Services, as well as through technical means, including the use of encryption and
firewalls. However, no company, including Swamer Store, can fully eliminate security risks connected to
handling data on the Internet and you acknowledge, understand and agree that we cannot and do not
guarantee the security of your account or User Content, including your personal information, while it is
transmitted over the Internet or stored on our Site or Services.
(a) You may terminate your account on our Site at any time and for any reason by
providing notice of termination to us through either of the following methods: by issuing an email with
the subject entitled "Termination of Account" to [[email protected]]. Notice will be deemed given
when received by Swamer Store. You may terminate the use of the Services from a Third Party Affiliated
Website by following the provisions in the terms and conditions applicable to that Third Party
(b) We reserve the right to terminate or suspend your account or your access to any or
all portions of the Site or Services at any time, for any reason, including your violation or breach of
any provision in these Terms.
(c) In the event your account or access to the Site or Services is terminated or
suspended whether by you or by Swamer Store, you will not be entitled to any refund nor will any Virtual
Currency or Virtual Goods be credited or reimbursed to you in any form, including cash, goods, or
points, whether in the virtual or “real world,” and you will have no further right to access any of the
foregoing or your account. If your account is terminated or suspended by us, we reserve the right to,
and you agree that we may, terminate or suspend any of your other accounts and refuse to open future
accounts for your use of the Services.
(d) Upon termination, User will no longer access (or attempt to access) the Service.
All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, warranty disclaimers and limitations of liability.
11. INTELLECTUAL PROPERTY RIGHTS
USER AGREES THAT THE SITE, SERVICES, CONTENT AND MATERIALS DELIVERED VIA THE SERVICE ARE PROTECTED BY
COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS AND LAWS.
EXCEPT AS EXPRESSLY AUTHORIZED BY Swamer Store IN WRITING, USER AGREES NOT TO SELL, LICENSE, RENT,
MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT
OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT.
12. MEMBER DISPUTES
User is solely responsible for your interactions with other Service users. Swamer Store reserves the
right, but has no obligation, to monitor disputes between User and other Service users. If User has a
dispute with one or more users of the Service, User shall and hereby does release Swamer Store (and its
officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any
way connected with such disputes. If User is a California resident, User waives California Civil Code
§1542, which states: "A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
13. VIRTUAL CURRENCY, VIRTUAL GOODS, AND THIRD PARTY AFFILIATED WEBSITE CREDITS
(a) The Services may include virtual, in-game currency, including game coins, game
cash, and/or game points (“Virtual Currency”) and/or virtual, in-game digital items (“Virtual Goods”),
in each case that may be purchased from Swamer Store for legal tender (that is, “real world” money) if
you are of legal age in your country of residence.
(b) Regardless of the terminology used, Virtual Currency and Virtual Goods may never be
redeemed for “real world” money, goods or other items of monetary value from Swamer Store or any other
person. Subject to your compliance with these Terms, Swamer Store grants you a limited, non-exclusive,
non-transferable, non-sublicense-able, revocable license to use the Virtual Goods and Virtual Currency
within the Services solely for your personal non-commercial entertainment purposes. Except for the
foregoing license, you have no right, title, or interest in or to any such Virtual Goods or Virtual
Currency, or any other attributes associated with the use of the Virtual Goods or Virtual Currency in
the Services or stored within the Services.
(c)Swamer Store has the absolute right to manage, regulate, control, modify and/or
eliminate any or all Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion. Prices
and availability of Virtual Currency and Virtual Goods are subject to change without notice. Swamer
Store shall have no liability to you or anyone for the exercise of such rights.
(d) Transfers of Virtual Currency and Virtual Goods are strictly prohibited except
where explicitly authorized within the Services. You may not buy or sell any Virtual Currency or Virtual
Goods outside the Services or in exchange for “real world” money or other items of value. Doing so or
any attempt to do so will be a violation of these Terms and may result in a lifetime ban from the
Services and possible legal action.
(e) You agree that all sales of Virtual Goods and Virtual Currency are final. No
refunds will be given, except in our sole and absolute discretion. You agree that all Virtual Goods and
Virtual Currency purchased by you are forfeited if your account is terminated or suspended for any
reason or if Swamer Store discontinues providing any or all portions of the Services.
(f) You may purchase virtual, in-game currency from Third Party Affiliated Websites
(“Third Party Affiliated Website Credits”) in exchange for “real world” money. This is a transaction
between you and the third party that owns or operates that Third Party Affiliated Website and Swamer
Store is not a party. If you purchase Third Party Affiliated Website Credits, you are agreeing to such
third party’s terms relating to payment and the Third Party Affiliated Website Credits. Swamer Store is
not responsible for any issues related to the services provided by such third party to you in connection
with the purchase of Third Party Affiliated Website Credits. Once you have completed your purchase of
Third Party Affiliated Website Credits, if explicitly authorized within the Services, you may redeem the
Third Party Affiliated Website Credits for Virtual Currency or Virtual Goods offered in the Services
hosted on such Third Party Affiliated Website. You understand that your rights and limitations with
respect to Virtual Currency and Virtual Goods is subject to these Terms and remain unchanged
notwithstanding your purchase of such Virtual Currency and Virtual Goods using Third Party Affiliated
14. WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. Swamer Store MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS. THE
FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF APPLICABLE LAW
REQUIRES ANY WARRANTIES WITH RESPECT TO OUR SITE, SERVICES, OR CONTENT THEREON, ALL SUCH WARRANTIES ARE
LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF YOUR FIRST USE OF SUCH SITE, SERVICES, OR
CONTENT. NO WARRANTIES ARE MADE BY ANY OF OUR SUPPLIERS. YOUR ACCESS AND USE OF THE SITE, SERVICES, AND
CONTENT THEREON, IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK UPS OF YOUR USER
15. LIMITATION OF LIABILITY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Swamer Store WILL NOT BE LIABLE
IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND ARISING FROM OR RELATING TO (A)
THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR CONTENT THEREON, FOR ANY REASON, INCLUDING
INTERRUPTIONS OF THE SITE OR SERVICES CAUSED BY SOFTWARE OR HARDWARE FAILURES OR ISP DISRUPTIONS; OR (B)
THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, USER CONTENT, GAME PLAY, VIRTUAL
CURRENCY, VIRTUAL GOODS, OR OTHER DATA OR INFORMATION, EVEN IF DUE TO DELAYS, NON-DELIVERIES, ERRORS,
SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY US, OR BY YOUR OR BY ANY OTHER USER’S
ERRORS AND/OR OMISSIONS.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Swamer Store BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
ARISING FROM OR RELATED TO THESE TERMS, THE SITE, THE SERVICES, OR ANY CONTENT THEREON, EVEN IF Swamer
Store HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(c) SWAMER STORE AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE
TERMS, THE SITE, THE SERVICES, AND CONTENT THEREON, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF
THE ACTION, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, WILL
AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID Swamer
Store IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE FIRST CLAIM GIVING RISE TO THE LIABILITY.
(d) YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND UNDER OR AS A
RESULT OF THESE TERMS OR YOUR USE OF THE SITE, SERVICES, OR CONTENT THEREON.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of
liability for consequential or incidental damages, so the limitations in Sections 15 and 16 above may
not apply to you.
You are responsible for all of your activity in connection with the Service. You agree to defend,
indemnify, and hold Swamer Store and its directors, officers, employees, agents, successors, and assigns
(collectively, the "Indemnified Parties"), harmless from and against any claim, liability, loss,
injury, damage, cost, or expense (including attorneys' fees) incurred by Swamer Store or any Indemnified
Party arising out of or related to (a) your access and use of the Site, Services, or content thereon,
(b) your User Content, User Submissions, or (c) your violation or breach of any provision in these Terms
or your violation of any rights of a third party.
which is incorporated by this reference.
19. GENERAL PROVISIONS
(a) Waiver, Severability and Interpretation. The failure of Swamer Store to enforce any
right or provision of these Terms will not be deemed a waiver of such right or provision. In the event
that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of
these Terms will remain in full force and effect. The term "including" means "including without
limitation." Section headings used herein are for convenience only and shall not be given any legal
import. You agree that these Terms will not be construed against Swamer Store by virtue of having
(b) Injunctive Relief. You acknowledge that the rights granted and obligations made
hereunder to Swamer Store are of a unique and irreplaceable nature, the loss of which shall irreparably
harm Swamer Store and which cannot be replaced by monetary damages alone so that Swamer Store shall be
entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety)
in the event of any breach or anticipatory breach by you.
(c) Controlling Law and Jurisdiction. These Terms and any action related thereto will
be governed by the laws of the State of California without regard to its conflict of law provisions. All
claims, legal proceedings or litigation arising in connection with these Terms will be brought solely in
Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts.
Notwithstanding the foregoing, Swamer Store may seek injunctive or other equitable relief to protect its
intellectual property and proprietary rights in any court of competent jurisdiction.
(d) Other Jurisdictions. Swamer Store operates and provides the Site and Services from
the United States. Swamer Store makes no representation that the Site or Services are appropriate or
available in other locations. The information provided on the Site or Services 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 any law or regulation of that jurisdiction or country or which would subject
Swamer Store to any registration requirement within such jurisdiction or country.
(e) Export. You agree not to export, re-export, or transfer, directly or indirectly,
any United States technical data acquired from us, in violation of United States export laws or
(f) Assignment. Neither the rights nor obligations arising under these Terms are
assignable by you, and any such attempted assignment or transfer shall be void and without effect. We
may assign these Terms without restriction.
(g) Entire Agreement. These Terms are the entire and exclusive agreement between Swamer
Store and you regarding the subject matter hereof, including your use of the Site, Services, and content
thereon, and these Terms supersede and replace any prior written or oral agreements regarding the
20. COMPLAINTS AND NOTICES The Digital Millennium Copyright Act provides copyright owners who
believe that their rights under the United States Copyright Act have been infringed by acts of third
parties over the Internet with ways to protect their rights. If you believe that your work has been
copied without your authorization and is available on the Site or through our Services in a way that may
constitute copyright infringement, you may provide SWAMER STORE Designated Agent listed below with the
(a) a physical or electronic signature of a person authorized to act on behalf of the
owner of the copyright interest that is allegedly infringed;
(b) a description of the copyrighted work that you claim has been infringed upon;
(c) a description of where the material that you claim is infringing is located on our
Site or through our Services;
(d) information reasonably sufficient to permit Swamer Store to contact the complaining
party, such as address, telephone number, and, if available, an e-mail address, at which the complaining
party can be contacted;
(e) a statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty
of perjury, that you are the copyright owner or are authorized to act on behalf of the complaining party
who is the copyright owner.
21. PHONE AND MESSAGING POLICY
You agree to recieve phone calls and SMS messages sent by Swamer Store, these messages include: Contact
from Swamer Store with information about sales, information about Swamer Store buying products, updates
22. CONTACT INFORMATION
The Site and Services are operated and provided by Swamer Store, LLC If you have any questions, comments
All trademarks, logos and service marks ("Marks") displayed on the Site or Services are our property or
the property of other third parties. You are not permitted to use these Marks without our prior written
consent or the consent of such third party which may own the Marks.
24. CONTACT INFORMATION
The Site and Services are operated and provided by Swamer Store, LLC If you have any questions, comments
25. Additional Terms and Conditions; EULAs
When you use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the "G2A Pay
to make a purchase on our website, responsibility over your purchase will first be transferred to
G2A.COM Limited before it is delivered to you. G2A.COM is becoming Merchant of Record over your
purchase. G2A Pay services provider assumes primary responsibility, with our assistance,
for payment and payment related customer support. The terms between G2A Pay services provider and
customers who utilize services of G2A Pay are governed by separate agreements which can be found under
the link https://pay.g2a.com/terms-and-conditions and are not subject to the Terms on this website.
In order to proceed the payment transaction, you temporary entrusts the G2A.COM with subject of the
transaction, and G2A.COM takes responsibility for the product and for the transaction processing.
With respect to customers making purchases through G2A Pay services provider checkout, (i) the Privacy
Policy of G2A Pay services provider shall apply to all payments and should be reviewed before making any
and (ii) the G2A Pay services provider Refund Policy shall apply to all payments unless notice is
expressly provided by the
relevant supplier to buyers in advance. In addition the purchase of certain products may also require
shoppers to agree to one or
more End-User License Agreements (or "EULAs") that may include additional terms set by the product
supplier rather than
by Us or G2A Pay services provider. You will be bound by any EULA that you agree to.
You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your
items resulting from charges
imposed by your relationship with payment services providers or the duties and taxes imposed by your
local customs officials or other regulatory body.
For customer service inquiries or disputes, You may contact us by email at
Questions related to payments made through G2A Pay services provider payment
should be addressed to [email protected].
Where possible, we will work with You and/or any user selling on our website, to resolve
any disputes arising from your purchase.