Swingit Internet Site
Terms & Conditions of use:
When using the Website, you shall be subject to any posted guidelines or rules, which may be posted from time to time. This website is not intended for use by persons under the age of thirteen. Individuals who are under thirteen are expressly prohibited from posting any personally identifiable information about themselves.
Data and information relating to securities or otherwise are provided for informational purposes only and are not intended for trading purposes.
Any rights not expressly granted herein are reserved.
Swingit’S PROPRIETARY RIGHTS AND PERMITTED USE
The website, including without limitation any content, software, and services offered thereon, is the property of Swingit and/or its partners. It is protected by the copyright and/or other intellectual property laws of the United States and internationally. You are hereby authorized solely to view and retain a copy of pages of this website for your own personal use. You may not duplicate, publish, modify, or otherwise distribute the material on this website unless specifically authorized in writing by Swingit to do so. Legal notices and various other acknowledgments and credits are posted on pages of the website. Do not remove these legal notices or other acknowledgments or credits, or any related information contained on pages of the website.
Availability of this Website or particular information or services herein is subject to change without notice.
USER CONTRIBUTIONS TO THE WEBSITE
Swingit provides users with the opportunity to contribute to the website via its blogs. You understand that all information, data, text, links, articles, software, photographs, graphics, messages, or other materials posted by you on the website (collectively, the “User Content”), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, not Swingit, are entirely responsible for all User Content you upload, post, email, or otherwise transmit via the website. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the website.
SUSPENSION AND/OR TERMINATION OF RIGHTS
PASSWORD AND SECURITY
You will receive a password and account designation upon completing the website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Swingit of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Swingit cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
LINKS TO THIRD-PARTY WEBSITES
Swingit may contain links to other websites (“Linked websites”). Linking to such Linked websites will let you leave the Website. Unless otherwise indicated, Swingit is not affiliated with any of the Linked websites. The Linked websites are not under the control of Swingit and Swingit is not responsible for the contents of any linked website, including, without limitation, any link contained in a linked website, or any changes or updates to a linked website. Swingit does not endorse or make any representations about any linked website, any information, software, or other products or materials found in a linked website, or any results that may be obtained from using these links. Swingit is providing these links as a convenience only, and the inclusion of any link does not imply endorsement by Swingit. If you decide to access any of the third-party websites linked from this Website, you do so entirely at your own risk.
LINKING TO Swingit
Linking to Swingit from another website (“Linking website”) is only allowed under the following conditions. A Linking website may link to, but not replicate, Swingit’s content. A Linking website shall not create a frame, browser, or border environment for Swingit’s content and a Linking website shall not imply that Swingit is endorsing it or its products. The Linking website shall not misrepresent the Linking website’s relationship with Swingit, shall not provide false information about Swingit’s products or services, and shall not unlawfully use the copyrights or trademarks owned by Swingit or others. Linking websites shall abide by any and all applicable laws.
LIMITATION OF LIABILITY
This website and all information, content, services, goods, advertisements, documents, and related graphics provided herein are provided “as is” without warranty of any kind. The documents and related graphics published on this website could include technical inaccuracies or typographical errors. Swingit makes no representations or warranties of any kind, express or implied, as to the website’s operation or the information, content materials, or products included on this website. To the fullest extent possible by applicable law, Swingit and its affiliates, officers, directors and employees hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement. Swingit does not warrant that the website is compatible with your equipment or that the related services therein are free of errors, viruses, worms, Trojan horses, or any other harmful, invasive, or corrupted files and is not liable for any damages you may suffer as a result of such destructive features. In no event, shall Swingit and/or its affiliates, officers, directors, or employees be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the use or performance of this website or software, documents, provision of or failure to provide services, or information available from Swingit through this website.
MODIFICATIONS AND UPDATES
Copyright © 2017, Swingit. All rights reserved.
All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Swingit, are the property of Swingit and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED, OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY Swingit IN WRITING. The compilation, collection, arrangement, and assembly of all content on this website is the exclusive property of Swingit and is protected by United States and international copyright laws. All software used on this website is the property of Swingit or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners and are used by Swingit pursuant to express authorization from the copyright owners or their agents. Any use of the content on this Website in the form of reproduction, modification, distribution, transmission, republication, or display, of the content, images, and software on this Website is strictly prohibited.
COPYRIGHT INFRINGEMENT POLICY
Swingit, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use this Website if it determines at its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Swingit accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Swingit has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Swingit in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark, or other proprietary rights must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website. Similarly, for materials that are defamatory or infringe the patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit Swingit to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
“Swingit” along with all logos, other tradenames, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of Swingit. Swingit’s trademarks may not be used in connection with any product or service that is not owned by Swingit in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Swingit. Any trademarks not owned by Swingit that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded, or otherwise exploited without the permission of Swingit or the owner of the trademark, service mark, or trade name, except as explicitly permitted by the trademark owner.
If any provision of these terms, conditions and notices is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force.
This website is created and controlled by Swingit in the State of New York, USA. As such, the laws of the State of New York will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws.
Last update: February 2023