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Terms of Use

Since you have made it to this Terms of Use section, you probably already know this is where to find important legal disclosures and directions for the proper use of the SWICH mobile application, website, web pages, interactive features and social media pages (together, the “Application”).  Please read the information carefully. This is an agreement between you and SWICH (“SWICH,” “we,” “us, “our”). It is important that you know what is and is not permissible for you to do here. (We instructed the lawyers write this in plain-ish English.)  If we had to summarize everything below, we would say as you use the Application, respect yourself, respect everyone else, and respect the Application  In doing so, we will be able to share info and do good things as a SWICH community.

We may change the Terms at any time by posting a revised Terms of Use on the Application; such changes will be effective upon posting.  We will notify you thirty days in advance of any material changes.  Please read the entire Terms carefully.

These Terms of Use were last updated on October 22, 2015.

Eligibility

You must be at least 13 years old to use or access the Application. If you are not 13, you are not permitted to use or access the Application.

Acceptance of Terms of Use

By using the Application you indicate your agreement with these terms and conditions. If you do not agree with these terms and conditions, we love you, but stop using the Application immediately.

Creating an Account on the Application

The Application is free to access; however, for some functions, it is required to set up an account on the Application in order to enjoy its full capabilities. If for some unlikely reason we decide not to offer you an account or we terminate your account, you may have an opportunity to (re)join the community after we formally invite you.

Privacy Policy

You should review our Privacy Policy for an explanation of what information we collect and how we use it when you use the Application.

Account; Security and Passwords

To register on the Application, you must provide us with current, complete, and accurate information. Like any other password, it is important to maintain its confidentiality – this is your responsibility. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. SWICH is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.  We hope it won’t come to this, but we have the right to close your account at any time for any or no reason.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Application. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

Communications From Swich and Other Users

By creating an account, you agree to receive certain communications in connection with the Application. You can opt-out of non-essential communications here: hello@swich.to

Restrictions on Use

Whether you are being complimentary or critical or whether you are agreeing or disagreeing with a post or a user comment, you should act in a civil manner and refrain from personal attacks when using the Application. Without limiting the generality of these Terms, we ask that  you please not to do any the following, while using the Application, each as determined in our sole discretion:

• ‘Stalk’ or harass other users;

• Harm minors in any way;

• Falsely state or misrepresent your affiliation with another person or entity;

• Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;Access or use the account of another user without permission;

• Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment;

• Use material that is illegal, or that violates any federal, state, or local law or regulation;

• Use material that contains language or images intended to impersonate another person or offensive or inappropriate user names or signatures;Disguise or attempt to disguise the origin of Your Content;

• Assert or imply that your content is in any way sponsored or endorsed by us, each as determined in our sole discretion;

• Solicit, spam or otherwise advertise to users and/or business using our content or the Application;

• Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or other messages for any purposes;

• Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

• Interfere with, disrupt, or destroy the functionality or use of any features of the Application;

• Interfere with, disrupt, or destroy the servers or networks connected to the Application, or disobey any rules or regulations applicable to such servers or networks;

• ‘Hack’ or access without permission our proprietary or confidential records, those of another user, or those of anyone else;Violate any applicable law, rule, or regulation;

• Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application;

• Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Application;

• and/orModify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Application or our Content (as defined below);

To protect the Application, our users, or SWICH, we may at any time (in our sole discretion):

• move, edit, delete, or destroy any materials that you provide or deliver;

• access, preserve, or disclose in accordance with our Privacy Notice any materials that you provide or deliver including information that may be collected from you from your mobile device;

• suspend or terminate your access to and use of the Application or any of their features in response to a breach of these Terms, or for any or no reason;

• or take any other action available at law in response to a breach of these Terms.

Again, we only take these steps to protect ourselves and this community.

Intellectual Property

Everything located on or in the Application is the exclusive property of SWICH.  ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING CONTENT ON SWICH OR OTHERWISE MODIFYING CONTENT ON THE SITE OR THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF SWICH IS PROHIBITED. Using SWICH does not give you ownership of any intellectual property rights in our services or the content you access here. Any violation of this policy/rule may result in a copyright, trademark, patent or other intellectual property right infringement lawsuit(s) that may subject you to civil and/or criminal penalties.

Your License to SWICH

SWICH does not claim ownership of any content that you post on or through the Application.  You retain ownership of any intellectual property rights that you hold in that content, including but not limited to profile information, reviews, ratings, data, images, text, audio, video, messages and any other material you submit to the application SWICH (“Your Content”).  In short, what belongs to you stays yours. Instead, by submitting Your Content you hereby irrevocably grant to SWICH a perpetual, world-wide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future.  By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, and create derivative works.  You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us.

You are responsible for Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.

Termination of Service

SWICH may decide to start, terminate, suspend, or not start the Application or its related service at any time. These Terms of Use will survive any termination.

Content on the Application

The Application may contain information on businesses, establishments, and other third parties.  Although we try our best to ensure everything passes muster, SWICH makes no guarantee that such information is accurate and your use of the information we provide is at your own risk.  If you think something looks fishy, please let us know.  You agree that you will not hold SWICH liable for any inaccurate, incomplete, outdated or missing information on the Application.  Some of the content available through the Application may include materials that belong to third parties.  We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Application.  In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Application or the materials contained herein.  We do not screen or investigate the material our users post to the Application.  We have the right, but not the obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Application.  Where appropriate, we may (in our sole discretion) verify any updates, modifications, or changes to any content accessible on the Application, but we will not be liable for any delay or inaccuracies related to such updates.  Third party content, including those posted by our users, do not reflect our views. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by you or any third parties and we are not liable for any statements, representations or content (including, without limitation, tags and other descriptive information posted about a restaurant) provided by our users through the Application.

Warranties

We hope you enjoy using the service and being a part of the SWICH community. SWICH provides its service using a commercially reasonable level of skill and care. Unfortunately, since SWICH is not an all-powerful perfect deity ruling by decree, we do not promise perfection in our services or site. SWICH DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. SWICH PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. FOR EXAMPLE, SWICH DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITE OR SERVICES, THE RELIABILITY, AVAILABILITY, OR ABILITY OF THE APPLICATION. TO THE EXTENT PERMITTED BY LAW, SWICH WAIVES AND OR EXCLUDES ALL WARRANTIES.

WE DON’T EXPECT YOU TO HAVE ANY PROBLEM, BUT WE HAVE TO TELL YOU THAT YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE APPLICATION.

Indemnification

Holy legalese, Batman! There’s no way to make the word indemnify sound better. The bottom line here is don’t get us in trouble! If you do, you will hold harmless and indemnify SWICH from any claim, suit or action arising from or related to your use of SWICH or your violation of the SWICH Terms of Service, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

Limitation of Liability

If you make a claim against us, you can’t go hog wild and try to take the clothes off our backs, our unborn children, or our Star Trek DVD collection. We are setting limits to the value of your claims. Sorry!

WHEN PERMITTED BY LAW, SWICH WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA OR FINANCIAL LOSSES, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SWICH FOR ANY CLAIMS UNDER THESE TERMS OF SERVICE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.

Dispute Resolution

Ok, so if we get into a tiff, we should probably choose our mud pit and the rules governing our tiff. Well, we’ve done that by choosing good old Brooklyn, New York. The laws of New York, U.S.A., excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to your use of the Application or these Terms or the Service. All claims arising out of or relating to your use of the Application will be litigated exclusively in the federal or state courts of Kings County, New York, USA, and you and SWICH consent to personal jurisdiction in those courts.

Questions and Feedback

SWICH welcomes your questions, comments, and concerns. Please send us your feedback pertaining to any issue you may have with our community. SWICH can be contacted online at hello@swich.to or by mailing us at:

SWICH, 11842 Edmont Pl, Waldorf, MD 20601
© SWICH 2016. All rights reserved.