TERMS OF SERVICE
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.
www.swamer.com
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
posted in connection with such features. All such additional terms and the Swamer Store Privacy Policy
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.
(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.
(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 end user license, code of conduct or other terms of use/service or guidelines from any Swamer Store or third party web site through which the Services are available);
(k) publish falsehoods or misrepresentations that could damage Swamer Store or any third party;
(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 representative);
(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 messages);
(p) sublease your account or offer “free space” on or other access to your account to third parties;
(q) improperly use support channels or complaint buttons to make false reports to Swamer Store;
(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).
(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 Affiliated Website.
(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.
(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.
(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.
(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 Website Credits.
(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.
(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 regulations.
(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 foregoing.
(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.
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 end user license, code of conduct or other terms of use/service or guidelines from any Swamer Store or third party web site through which the Services are available);
(k) publish falsehoods or misrepresentations that could damage Swamer Store or any third party;
(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 representative);
(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 messages);
(p) sublease your account or offer “free space” on or other access to your account to third parties;
(q) improperly use support channels or complaint buttons to make false reports to Swamer Store;
(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 Affiliated Website.
(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.6. RELEASE
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."7. CONTENT
(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.
8. MODIFICATION
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.9. SECURITY
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.10. TERMINATION
(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 Affiliated Website.(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 Website Credits.
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 CONTENT.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.
16. EXCLUSIONS
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.17. INDEMNIFICATION
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.18. PRIVACY
SWAMER STORE current privacy policy is available at https://www.swamer.com/; (the "Privacy Policy"), 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 drafted them.(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 regulations.
(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 foregoing.
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 following information:(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.