Facebook Terms of Service
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: April 26, 2011.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (Statement) derives from the Facebook Principles, and governs our relationship with users and others who interact with Facebook. By using or accessing Facebook, you agree to this Statement.
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Swaggable Terms of Service Agreement
Swaggable is delighted that you have decided to learn more about becoming a "Member" of Swaggable (for purposes of this Agreement, "You", "Yourself" or"Your" means the person who registers for the Service, wishes to become a Member of Swaggable, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Swaggable). IF YOU DO NOT AGREE TO THIS AGREEMENT YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
1. Authorized Use of Site. The Swaggable Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Swaggable requires the prior written consent of Swaggable. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Swaggable Website. Further, you may not use any such automated means to manipulate the Swaggable Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Swaggable Website or any other user's use of the Swaggable Website, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing” the Swaggable Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the Swaggable Website to any third party without our prior written consent.
2. Registration and Passwords. In order to access certain services on the Swaggable Website, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
3. Swaggable and Client Content. The contents, advertisements, information and other materials of Swaggable and the Swaggable Website, and of all other websites under Swaggable's control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Swaggable Content”) and the compilation (meaning the collection, arrangement and assembly) of all Swaggable Content, are protected under copyright, trademark and other laws. As between You and Swaggable, all Swaggable Content is Swaggable's exclusive property. Unauthorized use of Swaggable Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in Swaggable Content on any permitted copy You make of Swaggable Content. You shall not copy or adapt the code that Swaggable creates to generate any Swaggable Content or the pages making up any Swaggable Site (defined below), which is also protected by Swaggable’s copyright.
The contents, advertisements, information and other materials of any Swaggable client (“Client”) or Client’s Website, and of all other websites under Client’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Client Content”) and the compilation (meaning the collection, arrangement and assembly) of all Client Content, are protected by copyright, trademark and other laws. As between You and Client, all Client Content is Client’s exclusive property. Unauthorized use of Client Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in Client Content on any permitted copy You make of Client Content.
You may not sell or modify Swaggable Content or Client Content or reproduce, display, publicly perform, distribute, or otherwise use Swaggable Content or Client Content in any way for any public or commercial purpose, unless previously approved in writing by Swaggable or Client (as applicable). The use of Swaggable Content or Client Content on any other website for any purpose is prohibited. For sake of clarity, you are not permitted to use any Swaggable Content or Client Content unless you are given express permission to do so by Swaggable or Client.
By using the Swaggable Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Swaggable Website. All rights not granted under this Agreement are reserved by Swaggable.
4. Rights to Content Posted by Members. Unless otherwise specified, You may only post Content to the Site if you are thirteen (13) years of age or older, provided that should you be less than eighteen (18) years old, your parents or legal guardian have agreed to the terms of this Agreement on your behalf. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, You must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Swaggable. You may not post or distribute Content that is illegal or that violates this Agreement. By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information (personal or otherwise) (collectively “Submitted Content”) on or to the Swaggable Website (including on or to Your profile), You automatically grant, and You represent and warrant that You have the right to grant to Swaggable an irrevocable, perpetual, non-exclusive, fully paid and royalty-free (meaning that Swaggable is not required to pay You for the use of the Service or the Submitted Content You post) worldwide license to use, copy, perform, display and distribute such Submitted Content and to prepare derivative works of, or incorporate into other works, such Submitted Content, and to grant and authorize sublicenses of the foregoing. You further grant to Swaggable the authority to publicly post Your Submitted Content on or to the Swaggable Website, and You represent and warrant that the public posting and use of Your Submitted Content by Swaggable will not infringe or violate Your rights of those of any third party.
5. Eligibility. You must be 13 years of age or older to join the Service or visit or use the Swaggable Website in any manner. If you are over 13 years of age and under 18 years of age, you must have permission from your parent or legal guardian to join the Service and accept these Terms. Swaggable has the right, in its sole discretion, to request parental/legal guardian consent forms at any time from any minors who are under 18 years of age. Minors who are under 18 years of age (but over 13 years of age) may be prohibited from participating in certain activities or events and parental/legal guardian consent may be required in order for minors to participate in other activities or events. By visiting the Swaggable Website and accepting the terms of this Agreement, You represent and warrant to Swaggable that You are 13 years of age or older (if over 13 but under 18 that you have permission from parent or legal guardian to visit the Swaggable Website and accept the terms of this Agreement), that You have the right, authority and capacity to agree to and abide by the terms of this Agreement, and that You will use Swaggable and the Swaggable Website solely for Your personal, noncommercial use, in a manner consistent with any and all applicable laws and regulations.
6. Security Rules. You shall not violate or attempt to violate the security of the Swaggable Website, and any other such websites, which are sometimes collectively referred to as a “Swaggable Site,” and collectively referred to as the “Swaggable Sites,” including without limitation, (a) accessing data not intended for Member or logging into a server (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of any Swaggable Site or any activity being conducted on any Swaggable Site, (c) attempting to interfere with the availability of any Swaggable Site to any representative, host or network, including, without limitation, via means of submitting a virus to any Swaggable Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” any Swaggable Site, (d) utilizing any Swaggable Site for the advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) using a password or access code not issued to the Member. Violations of system or network security may result in civil or criminal liability. Swaggable will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting Members who are involved in such violations.
7. Term and Termination. This Agreement will remain in full force and effect while You use the Swaggable Website and/or are a Member. You may terminate Your membership at any time, for any reason by following the instructions on the “Preferences” page of the Swaggable Website. Even after Your membership is terminated, this Agreement will remain in full force and effect.
Swaggable may terminate Your membership for any reason, at any time. Swaggable may, in its sole discretion, terminate or suspend any Member’s access to all or part of the Service including the cancellation of some or all of the Member’s accumulated “Swaggable Rewards” (defined below) for any or no reason, including, without limitation, breach of this Agreement, or taking actions that are inconsistent with the intent of this Agreement. Swaggable shall be the sole determiner in cases of suspected abuse, fraud, or breach of this Agreement or intent of this Agreement. If Swaggable terminates Your membership in the Service because You have breached this Agreement or taken actions that are inconsistent with the intent of this Agreement, You will not be entitled to any previously accumulated points (“Swaggable Points”) nor will You be entitled to receive payments of any previously accumulated currency (“Swaggable Currency”). Swaggable Currency and Swaggable Points are hereinafter defined as “Swaggable Rewards.
Swaggable reserves the right to suspend and/or cancel your membership in this Service or any account you may have, permanently expel you from the Service and/or put a “hold” on, not credit, revoke and/or delete Swaggable Rewards from your Account, if Swaggable determines, in its sole and absolute discretion, that you: (a) abused the Service’s privileges; (b) breached this Agreement; (c) made a misrepresentation, including without limitation, submitting false or fictitious Personal Information; (d) purchased merchandise that will be used for resale or commercial use; and/or (e) obtained Swaggable Rewards as a result of any fraudulent, dishonest, misleading or illegal act, or were otherwise improperly credited Swaggable Rewards.
Swaggable reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, cancelation of Your account, profile, Submitted Content from the Swaggable Website, and/or some or all of Your accumulated Swaggable Rewards, and the immediate termination of Swaggable Services and the services of other Swaggable Sites to You, upon any breach by You of the terms of this Agreement or if the Swaggable is unable to verify or authenticate any information You submit to Swaggable or any other Swaggable Site. Any decision Swaggable makes relating to cancellation, termination or suspension of any Member’s account and membership (including the cancellation of Swaggable Rewards) shall be final and binding.
Swaggable may also terminate any Member’s account in its sole discretion if a Member has been inactive for a period of eighteen (18) months. A Member will be defined as inactive based upon Member’s failure to login to the Site. When a Member’s account has been terminated, all Swaggable Rewards earned shall be forfeited.
You may terminate your membership in the Service at any time and effective immediately. Swaggable will not be liable to you or any third party for termination of the Service or Site. You may terminate your membership by contacting us or by using the “terminate membership” function if available. All of your Crowtap Rewards will be forfeited upon termination.
9. Copyrights and Trademarks. All materials included on the Swaggable Sites including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of Swaggable or its clients, unless otherwise noted or attributed. Swaggable, Swaggable Rewards, and the Swaggable logo are trademarks and service marks of Swaggable LLC. Text excerpts, diagrams, logos or other information may be quoted within the content of the Swaggable Sites, and the respective copyright holders retain their rights to this material. You may download, view, email, copy and print documents and graphics incorporated in the documents from the Swaggable Sites subject to the following: (1) the documents may be used solely for involvement in campaigns or personal, informational, non-commercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the Swaggable Sites in whole or in part without the prior written permission of Swaggable.
10. Taxes. All taxes applicable to any Swaggable Rewards provided by Swaggable to You under this Agreement will be Your liability and Swaggable shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation. In accordance with current law, if Swaggable is required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income, reflecting the gross annual compensation paid by Swaggable to You, net of any reimbursed expenses incurred by You on behalf of Swaggable pursuant to this Agreement, then You will be required to complete and submit a Form W-9 through the Swaggable Website.
11. Swaggable’s Liability. Swaggable is only a venue and Swaggable does not screen or censor the profiles or Submitted Content of Members. We generally do not control the Submitted Content or information provided by Members that is made available through Swaggable. As a result, the Swaggable has no control over the truth or accuracy of the information submitted by Members. Swaggable makes no representations about the accuracy, reliability, completeness, or timeliness of any profile or Submitted Content of Members. In addition, note that there are risks, including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Members with whom You come in contact through Swaggable. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Swaggable and/or the Swaggable Sites.
Because Member authentication on the Internet is difficult, Swaggable cannot and does not confirm that each Member is who they claim to be. Because we do not and cannot be involved in Member-to-Member dealings or control the behavior of participants on any Swaggable Site, in the event that You have a dispute with one or more Members, You release the Swaggable (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You are entirely responsible for maintaining the confidentiality of Your password and account information. Furthermore, You are entirely responsible for any and all activities that occur under Your account.
12. Disclaimer of Consequential Damages. IN NO EVENT SHALL Swaggable, ITS CLIENTS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY Swaggable SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY Swaggable SITE AND Swaggable CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Swaggable IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability. Swaggable, its Clients, and their respective parent companies, subsidiaries, affiliates, directors, officers, LLC members, managers, employees, and agents shall not be liable for any damages, special, consequential, or otherwise, arising out of, or in any way connected with Your use of the Swaggable Service or participation in its Programs, the use of information provided by You under the Programs, or the merchandise or services obtained by You through the redemption of Swaggable Rewards under the Service.
Swaggable’s MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY Swaggable SITE OR YOUR USE OF Swaggable, OR THE Swaggable CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED (I) THE AMOUNT PAID BY YOU FOR YOUR USE OF THE SITE DURING THE PRIOR TWELVE (12) MONTHS OR (II) TEN DOLLARS ($10). SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, AND AS SUCH THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, Swaggable, ITS CLIENTS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, LLC MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FURTHER, UNDER NO CIRCUMSTANCES SHALL Swaggable BE LIABLE FOR ANY ACTIONS WHATSOEVER BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE OR INVOLVEMENT IN A PROGRAM OR TASK. MEMBERS ARE NOT EMPLOYEES OF Swaggable, AND Swaggable, WHILE CREATING, TRACKING AND MANAGING THE NETWORK IN WHICH Swaggable’S CLIENTS AND MEMBERS ARE UNITED, SOLELY FACILITATES THE ENGAGEMENT OF MEMBERS BY ITS CLIENTS AND AS SUCH DOES NOT AND CANNOT CONTROL, MONITOR, SUPERVISE OR REGULATE THE ACTIONS OF MEMBERS.
14. Confidentiality. You are responsible for maintaining the confidentiality and all uses of Your account, and password whether or not authorized by You. You agree to immediately notify the Swaggable of any unauthorized use of Your account, and password. Further, You acknowledge that during Your engagement with Swaggable, You will have access to and become acquainted with various trade secrets, data, inventions, innovations, processes, information, records and specifications (“Confidential Information”) owned or licensed by Swaggable and/or used by Swaggable in connection with the operation of its business including, without limitation, Swaggable’s business and product processes, methods, customer lists, accounts and procedures. Further, You acknowledge that during Your engagement with Swaggable, You will have access to and become acquainted with Confidential Information owned or licensed by clients of Swaggable. You agree that You will not disclose any of the aforesaid Confidential Information, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of Your engagement with Swaggable. All Swaggable Content, and all similar items relating to the business of Swaggable, shall remain the exclusive property of Swaggable. You shall not retain any copies of the foregoing without Swaggable’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by Swaggable, You shall immediately deliver to Swaggable any and all such files, records, documents, specifications, information, and other items in Your possession or under Your control.
15. Member Disputes. You are solely responsible for Your interactions with other Swaggable Members. Swaggable reserves the right, but has no obligation, to monitor disputes between You and other Members.
17. Right To Be Removed From Programs. Swaggable reserves the right to remove a Member from any campaign, program, task, activity, action, poll, survey, contest, sweepstakes, or the like, coordinated by Swaggable (each a “Program”) at any time for any reason. If You are removed from a Program, You will be notified by a Swaggable representative.
18. Contact with Members. Swaggable has the right, but not the obligation, to periodically contact Members with information, updates, and special offers via email. If there are any inaccuracies in such correspondences, Swaggable will not be held responsible.
20. Right to Offer Programs to Select Members. Programs will be offered to Members based on various demographic and psychographic parameters, as well as previous performance and/or certain scores determine by Swaggable. If You qualify for a Program, You, as a Member, will have the ability to join the Program by selecting it from Your Home Page on the Swaggable Website and/or mobile/email notifications sent to You, with following the instructions provided.
21. Indemnification. You agree to indemnify, hold harmless and defend Swaggable, its Clients, parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and their respective successors and assigns against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, debts, expenses, judgments, losses or other liabilities of whatever kind or nature as they are incurred or threatened (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees), arising from or out of or in connection with the following, without limitation:
a) A breach by You of this Agreement or any obligation or covenant in this Agreement, including Your representations and warranties set forth above;
b) A violation of any law, rule, regulation, or authority by You in connection with the performance of this Agreement, Your use of the Service or Your involvement in a Program;
c) Any negligent, reckless or intentional acts or omissions committed by You in connection with the entry into or performance of this Agreement, Your use of the Service or Your involvement in a Program;
d) A claim against You that the Service or a Program infringes the patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or
e) A claim of libel, false advertisement, slander, defamation, copyright infringement, infringement of moral rights, trademark infringement, false designation of origin, disparagement, violation of privacy, publicity, identity or other proprietary rights, violation of patent or shop rights, piracy or plagiarism that arises in connection with Your performance under this Agreement, Your use of the Service or Your involvement in a Program.
f) Further, Swaggable shall provide You with: (a) prompt written notice of such claim or action; (b) sole control and authority over the defense or settlement of such claim or action (except that You shall not enter into any settlement that materially adversely affects Swaggable’s rights or interests without Swaggable’s prior approval); and (c) proper and full information and reasonable assistance, provided at Your sole expense, in connection with the defense or settlement of any such claim or action. Notwithstanding the foregoing, Swaggable shall have the right, in its sole discretion, to participate in the defense at its own expense with a counsel of its choosing.
22. Comments, Complaints and Questions. We welcome Your feedback about the Swaggable Website. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Swaggable Website shall be and remain the exclusive property of Swaggable, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to You. Should You have any questions or complaints regarding these terms and conditions, please feel free to contact us.
23. Legal Compliance and Applicable Law. You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to Your use of the Swaggable Website, and not to use the Swaggable Website site for any purpose that is contrary to any such laws, rules, regulations or orders. All matters relating to Your access to, and use of, the Swaggable Website or any services provided by Swaggable shall be governed by U.S. federal law or the laws of The State of California. Any legal action or proceeding relating to Your access to, or use of, the Swaggable Website shall be instituted in a state or federal court in California. You and Swaggable agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
24. Swaggable’s Code of Conduct. Swaggable requires that all Members abide by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”) and Standards of Conduct set forth by the Word of Mouth Marketing Association (http://womma.org/ethics/code/).
a. FTC Endorsement Guides: Swaggable believes in full transparency and in full, fair and effective disclosures of material facts relating to your relationship with Swaggable and its clients. Per the FTC’s Endorsement Guides, if you are receiving free products, services, payment or other in-kind compensation in exchange for your participation in this Service or in return for promoting a client or its products/services, you must disclose your connection to Swaggable and/or its Client. This disclosure should appear in close proximity to any statements you make about Sponsor’s products or services or the Sponsor in general.
b. WOMMA Standards of Conduct: (as a Member, you are considered a representative for purposes of the section b.)
Standard 1 – Disclosure of identity: A WOMMA-member shall require their representatives to make meaningful disclosures of their relationships or identities with consumers in relation to the marketing initiatives that could influence a consumer’s purchasing decisions.
Standard 2 – Disclosure of consideration or compensation received: A WOMMA-member shall require their representatives to disclose meaningfully and prominently all forms of consideration or compensation they received from the WOMMA-member, a marketer or sponsor of the product or service. In other words, WOMMA-members shall not engage in marketing practices where the marketer/sponsor or its representatives provides goods, services, or compensation to the consumer (or communicator) as consideration for recommendations, reviews, or endorsements, unless full, meaningful, and prominent disclosure is provided.
Standard 3 – Disclosure of relationship: A WOMMA-member shall require their representatives involved in a word of mouth initiative to disclose the material aspects of their commercial relationship with a marketer, including the specific type of any remuneration or consideration received.
Standard 4 – Compliance with FTC Guides: A WOMMA-member shall comply with the Guides Concerning Use of Endorsements and Testimonials in Advertising promulgated by the Federal Trade Commission. See 16 C.F.R. §§ 255.0–255.5.
Standard 5 – Genuine honesty in communication: A WOMMA-member shall not tell their representatives what to ultimately state in their communications about a particular product or service, so as to enable the consumer to reflect his or her honest opinions, findings, beliefs, or experiences.
Standard 6 – Respect for venue: A WOMMA-member shall respect the rights of any online or offline communications venue (such as a web site, blog, discussion forum, traditional media, and live setting) to create and enforce its own rules as it sees fit.
Standard 7 – Marketing with children and adolescents: A WOMMA-member shall not include children under the age of 13 in any of its word-of-mouth marketing programs or campaigns; and shall comply with all applicable laws dealing with minors and marketing, including the Children’s Online Privacy Protection Act (“COPPA”). See 16 C.F.R. § 312.
Standard 8 – Compliance with media-specific rules: A WOMMA-member shall comply with existing media-specific rules regarding marketing to children.
25. Prohibited Actions Swaggable expects all of its users to be respectful of other people. The following is a partial list of the kinds of conduct that are illegal or prohibited on the Swaggable Website and the Service. In addition to the requirements set forth in Section 26 above, below is a partial list of the kind of actions that are illegal or prohibited by Swaggable in connection with Your service as a Swaggable Member. Engaging in any of these actions by You while serving as a Member of Swaggable and in connection with Your service as a Member may, in the sole and absolute discretion of Swaggable, result in termination of Your membership with Swaggable and Your status as a Member. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against any Member who violates this provision. Prohibited Actions include, but are not limited to, any action which:
a) incites, advocates, or expresses pornography, nudity, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
b) misrepresents the source of anything you post, including impersonation of another individual or entity;
c) provides or create links to external sites that violate the Swaggable Terms of Service or Code of Conduct;
d) is intended to harm or exploit minors in any way;
e) is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school;
f) invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
g) is illegal or violates any local and national laws that apply to your location; including but not limited to child pornography, illegal drugs, copyright material and intellectual property not belonging to you;
h) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage any one else to do so;
i) intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming;
j) attempts to impersonate a Swaggable employee, agent, manager, host, another user, or any other person though any means;
k) infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
l) is inaccurate, false or misleading in any way;
m) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
n) contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Swaggable is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Swaggable will make all determinations as to what Content is appropriate in its sole discretion. Swaggable may edit or remove any Content at any time with or without notice.
26. Notices and Legal Disclaimer. The Swaggable Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The Swaggable Content may contain inaccuracies or typographical errors or technical inaccuracies. Swaggable makes no representations about the accuracy, reliability, completeness, or timeliness of any Swaggable Site or the Swaggable Content. The use of the Swaggable Sites and the Swaggable Content is at Your own risk. Changes are periodically made to the Swaggable Website and may be made at any time. Information may be changed or updated with or without notice. Swaggable may also make improvements and/or changes in the products and/or the Programs described in this Agreement or on the Swaggable Website at any time with or without notice.
Swaggable does not warrant or represent that Members will earn any specific number of Swaggable Rewards, that any specific products, prizes or services will be available for redemption in the Swaggable Rewards Store, or that the redemption value of any products, prizes or services contained in the Swaggable Rewards Store will remain unchanged at any given time. Swaggable makes no representations or warranties, express or implied, with regard to any merchandise or services obtained by members through the redemption of Swaggable Rewards under the program. Only those guarantees, warranties, and representations, if any, offered by the manufacturers of merchandise or suppliers of services may be relied upon by Members.
27. FOR MEMBERS: INFORMATION ABOUT THE Swaggable SERVICE AND YOUR ACCOUNT
A. Accounts: Each Member is limited to one account. You must keep all registration information current at all times. You may update Your registration information by visiting the Your profile page of the Website and entering or updating the information requested. An account cannot be used or accessed by multiple persons. Any duplicate accounts are subject to cancellation, and all Swaggable Rewards accumulated in the original and duplicate accounts will be forfeited.
B. Accumulation of Swaggable Rewards: At a time of Swaggable’s choosing, We may implement a rewards system with Swaggable Currency. In the case of this, you will be notified by email and be given an updated Terms of Service to review and agree upon.
ACCEPTANCE OF TERMS
The terms of service set forth above shall constitute the entire understanding between Swaggable and each Member enrolled and participating in Swaggable. Use of Swaggable is governed by, and subject to, the legal notices contained in this Agreement. Your use of, or access to, Swaggable constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
Effective Date: This Agreement is effective and was last updated on December 3rd, 2011.
When using the Site, in order to utilize some of the services, you may be asked to provide, or you may choose to upload, certain personally identifiable information about yourself ("Personal Information"). Personal Information can include your name, occupation, photo, e-mail address, address, phone number(s), Facebook profile, Twitter handle, selected interests, or date of birth. Please note that Personal Information may also include personally identifiable information you voluntarily provide when you take a survey or a poll or enter a contest, sweepstakes or other promotion.
In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type and other data, and may aggregate any Personal Information collected, such as demographic information, in a manner which does not identify any one person ("Aggregate Information"). Survey answers and influencer scores that are not connected to Personal Information may also constitute Aggregate Information.
We may share your Personal Information with our clients, affiliates, technical consultants, third party auditors or other third parties,under confidentiality agreements, who compile the Aggregate Information, make our Site available, enhance its functionality or provide associated services and/or who process your orders and/or deliver content, samples, supplies, products, or services. For example, we may share your Personal Information with a vendor to fulfill any incentive or reward which you have elected to receive and that vendor may forward your email address to a third party to redeem any rewards. You may opt-out at any time in accordance with the "Terminating Membership" section below.
We may use your Aggregate Information to do such things as operate our Site, enhance our Site, and for market research purposes. We may share Aggregate Information with our clients, affiliates, charity partners and other third parties for advertising, promotional and other purposes. Individual answers from you to questions within Programs marked as “confidential” may be shared with our affiliates, clients and business partners but those answers will not be labeled with, or linked to, your Personal Information.
Your user name, city, Swaggable profile photo, publicly declared preferences(those “wants” not otherwise made specifically private), and some of your activity may be shared with other Swaggable users within the Site, including without limitation publication in a live feed of ongoing activities and leader boards. You may also see such information related to other Swaggable Members when logged into the Site.
On the Site, Swaggable, its clients and some of its business partners will have the ability to contact You regarding “Product Invites” or Rewards for which you qualify. We hereby disclaim all responsibility and liability should a client contact You directly by virtue of your posting of Personal Information on the Site in a section of the Site where it was not explicitly requested, or outside the Site, which is viewable and/or accessible by clients of Swaggable (e.g., contact information listed within feedback you provide, information on your Facebook profile liked to your Swaggable account, an email address you provided directly to one of Swaggable’s clients).
We will never rent or sell your Personal Information to any third party without your consent. Please note that we reserve the right to and may disclose Personal Information about you in response to (a) requests from local, state or federal law enforcement officials; (b) any judicial, administrative or similar proceeding or order, such as subpoena; (c) if required by law; or (d) to investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper. Please also note that we do reserve the right to transfer your personally identifiable information and other information to our successors in business and purchasers of site assets. Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the Site, including both offline and online sources.
In order to use the Site, a member must first provide the information requested on the "Registration" page. During registration, a member may be required to provide their contact information (including, but not limited to, name, e-mail address, and postal address), Facebook user information, additional psychographic information, and information needed for delivering Swaggable Product Invitations once accepted. This information is used to notify the member about new Product Invitations to which they qualify, Swaggable Product Invitations, and changes in Swaggable offerings. In addition, we may ask members to provide legitimate mailing addresses. Proof of address is required in order to guard Swaggable from fraudulent activities. This information is also used for shipping purposes for prizes redeemed by members.
As you use the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes referred to as "clickstream data", can be collected and stored by a web site's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the web site from which you linked to the Site. We may collect and use clickstream data as a form of Aggregate Information to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Site and our services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any Personal Information.
Swaggable will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties. We have undertaken all commercially reasonable efforts to prevent unauthorized Internet access to visitor data retained in our servers, however, due to the inherent open nature of the Internet, Swaggable cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. You must accept all risks associated with any data transmission, including the risk that their personal information may be intercepted in transit. You are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.
Product Invitations and e-mail
Established members will occasionally receive e-mails containing information regarding new Product Invitations, Swaggable Offers, and directives from Swaggable if they have opted-in. "Opted-in" means the member has approved certain e-mails to be sent to them from Swaggable. Established members may opt-out of these emails by updating their notifications on their profile settings page.
Swaggable Site and Service Announcements
Under certain circumstances Swaggable may need to contact specific or all members in order to make an important announcement about the Site or service changes. Members are not able to unsubscribe, or "opt-in/opt-out" of these announcements because they may contain very important information regarding their accounts. Before these measures are taken, however, Swaggable will post information regarding changes directly on the Site. Swaggable reserves the right to contact members to correct account errors or to supply important information Swaggable deems relevant.
Correction/Updating Personal Information
Swaggable members are able to change their personal information at any time by editing the information entered on their profile page, or by removing Swaggable as a “Facebook Connect Application.”
Protection for Children Age/Residency Requirements
This Site is not intended for users under the age of 13, and we have no intention of collecting Personal Information from children under the age of 13. Where appropriate, we take reasonable measures to inform children not to submit such information to our Site. If a child has provided us with personally identifiable information, we will use all reasonable efforts to delete such information from our database. You must be at least 13 years old, be a United States resident, and have a valid e-mail address to register on Swaggable. Registration and participation in a Product Invitation is open to individuals only (no corporations or other legal entities). Each individual who registers on Swaggable or participates in a Product Invitation is responsible for providing the information requested and for updating any such information to insure its accuracy. Receipt of inaccurate or misleading information will adversely affect the ability of Swaggable to operate a Product Invitation and provide services to clients required by members and participants. In this regard, Swaggable reserves the right to terminate a member's membership in Swaggable or participation in a Program if misleading or intentionally incorrect personal information is provided. Swaggable reserves the right to modify or discontinue a Product Invitation Program at any time with or without notice to members. Swaggable will not be liable to any member or any third party should Swaggable exercise its right to modify or discontinue a Program or membership.
Links to Third Party Sites
Our Site may contain links to other web sites, including our affiliated or co-branded web sites. Other web sites may also reference or link to our Site. These "other" domains (web sites) are not controlled by Swaggable. We encourage our users to be aware when they leave our Site to read the privacy policies of each and every web site that collects personally identifiable information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites. Visiting these other web sites is at your own risk.
Export of Data
Our Site is maintained in the United States of America. By using the Site, you authorize the export of Personal Information to the USA and its storage and use as specified in this policy.
Changes to Policy
You or Swaggable may terminate your membership in the Service for any reason with or without cause at any time and effective immediately. Swaggable will not be liable to you or any third party for termination of the Service or Site. You may terminate your membership by contacting us or by using the “terminate membership” function if available. Upon terminating your membership, Swaggable, will remove the following Personal Information from Swaggable’s active database: Swaggable password, member profile, full name, address (except for zip code), e-mail address, other contact information, Facebook account information, Twitter account information, and profile photo. Any of your Personal Information or activity history that is not deleted will be attached to either your username or a unique database ID, not to your personally identifiable information.
Site Terms and Conditions
Use of this Site is governed by, and subject to, the legal notices contained in Swaggable’s Terms of Service. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.