Disclaimer; No Warranty
The Swagger makes no representations or warranties as to the accuracy of the Content. The Swagger is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify The Swagger of the error or omission; however, The Swagger does not warrant that such error or omission will be corrected.
The Swagger and the blogs, articles, comments, answers, questions and other features therein are for informational purposes only and provided “as is” without warranties, representations, or guarantees of any kind. Content on The Swagger should never be used as a substitute for advice from a qualified professional. The Swagger shall not be liable for the accuracy, usefulness or availability of any The Swagger content, and you agree to hold The Swagger harmless from any loss, harm, injury or damage resulting from or arising out of your use of or reliance on any The Swagger content.
The Swagger and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
All transactions made based on information from the Service are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Service, you acknowledge and agree that The Swagger has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Service.
You agree to indemnify, defend, and hold harmless The Swagger and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising our of your use of the Service or any breach by you of these Terms and Conditions. The Swagger reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of The Swagger.
The Swagger shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service. The Swagger does not warrant that the Service will be uninterrupted, error free, or virus free; nor does The Swagger make any warranty as to the results to be obtained from use of the Service or its Content. The Service and its Content are distributed on an “as is, as available” basis. The Swagger MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
By posting or submitting content on or to the Service (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving The Swagger, and its affiliates, agents and third party contractors the right to display or publish such content on the Service and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work such as a print publication), to store such content, and to distribute such content and use such content for promotional and marketing purposes. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Swagger all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage The Swagger or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
The Community Areas of The Swagger shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in the Company’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with the Company’s express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by the Company.
You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. You hereby grant to The Swagger, and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on The Swagger and/or any e-mail sent by you to The Swagger (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that The Swagger considers to be offensive. You shall provide The Swagger with accurate, complete and updated information provided by you at the time of registration. You shall not engage in any activity that is contrary to or which would adversely affect the purpose or intention of The Swagger, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of The Swagger services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.
Correspondence received and Communication
The Swagger reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to The Swagger may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and The Swagger.
You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through The Swagger any information that (i) restricts or inhibits any other user from using or enjoying The Swagger, (ii) in The Swagger discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.
The Swagger may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any database, feature, or content, without prior notice or liability. The Swagger reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.