Terms of Service
These Terms of Service are Effective May 15, 2015.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Service. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Service.
ARBITRATION NOTIFICATION: THESE TERMS OF SERVICE PROVIDE THAT ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. YOU ALSO AGREE TO RELINQUISH YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS ACTION CLAIM YOU MAY HAVE AGAINST SWEEBLE.
Click on the links below to jump to each section of these Terms of Service:
I. BASIC TERMS
1.0 You must 13 or older to use the Service.
1.1 You agree that you are responsible for all activities under your user name. You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Sweeble prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Sweeble upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
1.2 You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content via the Service.
1.3 You must keep your password secret and secure. Sweeble cannot and will not be liable for any loss or damage arising from your failure to keep your password secret and secure.
1.4 You must not defame, libel, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities; and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, financial account information, social security number, or other national identity numbers, non-public phone numbers, or non-public email addresses.
1.5 You must not falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of content or other meta-data contained in a file that is uploaded or accessed through the Service.
1.6 You must not conduct or forward surveys, contests, pyramid schemes or chain letters through the Service.
1.7 You will not harvest or otherwise collect information about other users, including user names and handles.
1.8 You must not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
1.9 You must not use the Service in any manner that could create a risk to a person’s safety or health, that creates a risk to public safety or health, compromises national security, or that interferes with an investigation by law enforcement.
1.10 You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
1.11 You must not violate any code of conduct or other guidelines which may be applicable to the Service.
1.12 You must not violate any applicable laws or regulations, including any intellectual property laws or regulations, or violate these Terms of Service.
1.13 You must not upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or of Sweeble’s server.
1.14 You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
1.15 You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other Sweeble terms.
1.16 Violation of these Terms of Service may, in Sweeble's sole discretion, result in termination of your Sweeble account. You understand and agree that Sweeble cannot and will not be responsible for content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for Sweeble, we can stop providing all or part of the Service to you.
II. GENERAL TERMS
2.0 We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Sweeble account by contacting Sweeble at email@example.com. If we terminate your access to the Service, or if you request deactivation of your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your content has been reshared by others).
2.1 Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.
2.2 You are responsible for regularly reviewing these Terms of Service. Sweeble has the right, but not the obligation, to correct any errors or omissions in any portion of the Service and these Terms of Service. Sweeble reserves the right, in its sole discretion, to change, modify, add, remove, or terminate any portion of the Service or these Terms of Service, in whole or in part, at any time, without prior notice. All changes to these Terms of Service are effective immediately upon being posted to the Service. Your continued use of the Service following any changes to these Terms of Service will mean you accept these changes.
2.3 We reserve the right to refuse access to the Service to anyone for any reason at any time.
2.4 We reserve the right to force forfeiture of any username for any reason.
2.5 We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates these Terms of Service.
2.6 You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Sweeble is not responsible or liable for the conduct of any user. Sweeble reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
2.7 There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share content from the Service or your content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Sweeble does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Sweeble is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to provide information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Sweeble has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Sweeble Parties (defined below) harmless for activity related to the Application.
2.8 You agree that you are responsible for all data charges you incur through use of the Service.
2.9 We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Sweeble's express consent).
2.10 The Service may contain links or references to other parties' Services, which links are provided as a convenience to you only. Please be aware that we cannot be and are not responsible for the privacy or other practices of any such outside Services (which Services are not part of the Service), and Sweeble expressly disclaims any and all liability related to such Services and Services relating thereto. Sweeble does not endorse, and is not responsible or liable for, directly or indirectly, any damage or loss caused or alleged to be caused by or in connection with any content, advertising, products or other information on or available from such linked Services or any link contained in a linked Service. We encourage our users to consider this if they decide to visit such outside Services and to read the applicable privacy policies and terms of service of each such Service.
2.11 Sweeble reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Sweeble’s sole discretion.
3.0 Sweeble does not claim ownership of any data, information (personal or otherwise) or other materials that you enter through the Service (collectively, "Materials"). There are two types of Materials: (a) Materials that are uploaded through the accounts of users of the password-protected portion of the Service for purposes specific to such user (collectively, “Account Materials”), and (b) Materials that are uploaded by users for purposes of general dissemination, such as postings to Sweeble, or Feedback, defined below (collectively, “General Materials”). By transmitting, uploading, inputting, providing or submitting (collectively, “Submitting” or “Submit”) any Account Materials, you are granting Sweeble, its affiliated companies and sublicensees a non-exclusive, royalty-free, worldwide right to (i) post such materials for your access and use, (ii) provide your Account Materials to other users, (iii) use your Account Materials for marketing purposes and (iv) make those uses of Account Materials that are either identified at the time you provide such Account Materials or can reasonably be anticipated by you, all while your account with Sweeble remains open, and to archive such materials thereafter. By Submitting any General Materials, you are granting Sweeble, its affiliated companies and sublicensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicenseable license in and to such General Materials for use for any purpose, and confirming that such General Materials are non-confidential and non-proprietary. You hereby waive all rights to any claim against Sweeble Entities (defined below) and any Service users for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Materials. In the event that you Submit to Sweeble any Account Materials for the purpose of making such materials generally accessible to other Service users, such as posting such materials on Sweeble’s blog, such materials will be deemed General Materials and you grant Sweeble a General Materials license in such materials.
3.1 If you provide Sweeble with Materials such as comments, bug reports, feedback or modifications proposed by you to Sweeble, the Service, or the goods and/or services provided through the Service (collectively, “Feedback”), then in addition to the license granted in all Materials, Sweeble will have the right to use such Feedback at Sweeble’s discretion, including but not limited to incorporating such Feedback into the Service and the right to assign, license or otherwise use such Feedback. You hereby give Sweeble a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Materials.
3.2 You will be responsible for your own Materials and the consequences of transmitting those Materials. Sweeble has no obligation to monitor you or any other user’s use of the Service. Sweeble reserves the right to review and monitor your use of the Service, including without limitation your use of any user ID and/or password in accessing the Service and any Materials Submitted to or revised on the Service, and to remove any Materials that Sweeble believes in its sole discretion violate these Terms of Service. Sweeble reserves the right to restrict or terminate your access to the Service, including, without limitation, your access to any or all of the services provided thereunder or your ability to use any Service user ID and/or password, at any time without notice if we believe you have violated these Terms of Service or are likely to violate these Terms of Service. Your sole remedy against Sweeble in the event of a dispute arising out of these Terms of Service, the Service or your use thereof, is to terminate these Terms of Service by ceasing your use of the Service. In the event of termination of these Terms of Service, Sweeble may delete and/or store, in its discretion, Materials and data associated with your use of the Service. Sweeble may also change, suspend, or discontinue any aspect of the publicly available portion of the Service at any time, including the availability of any Service feature, database, or content. With regard to the password-protected portion of the Service, Sweeble will provide you with thirty (30) days notice prior to materially changing, suspending or discontinuing any aspect of this portion of the Service.
3.4 Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Sweeble may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
3.5 You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
3.6 The Service and all content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Service (collectively, “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Service and all Content is the property of Sweeble and/or third party licensors, and all right, title and interest in and to the Service and Content will remain with Sweeble or such third party licensors. Other product and company names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the Service or any Content other than any rights in the Materials that you may have. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Service or any Service content. You may only use the Service and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the Service or Service content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Sweeble and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.
3.7 You acknowledge that by use of portions of the Service, you may use and you may acquire Sweeble Confidential Information. As used herein, “Confidential Information” means all confidential and/or proprietary information and trade secrets of Sweeble, whether or not memorialized, and in any form or media, regarding Sweeble or Sweeble’s business, including without limitation those relating to Sweeble’s intellectual property, technology, research and development, systems, software, business plans, business operations, strategies, financial information, technical information, customers, customer lists, suppliers, operating policies and procedures, and any third-party information that Sweeble is required to keep confidential where such information is not generally accessible without a password. “Confidential Information” includes any account passwords. You shall not at any time, directly or indirectly, for any purpose, use, copy or disclose to any other person or entity any Confidential Information, or permit others to do so, other than for the purposes expressly allowed hereunder. Sweeble may seek and obtain injunctive relief against the release or threatened release of Confidential Information, in addition to any other available legal remedies. You shall notify Sweeble immediately if you learn of any unauthorized possession or use of the Confidential Information and will promptly furnish all details of such possession or use to Sweeble.
3.8 You shall notify Sweeble immediately of any unauthorized use or threat of unauthorized use of your account or the Service or of any other breach or potential breach of security known to you with respect to your account or the Service, including without limitation any loss or compromise of any password, and will cooperate with Sweeble in every reasonable way to help Sweeble prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Service, your account and/or your password. You agree that immediately upon termination of your right to use the Service or any password-protected portion of the Service, or upon any earlier demand by Sweeble at any time, you will cease all access and/or use of the Service or such password protected portion of the Service, and will not attempt to access and/or use same.
3.9 Copyright Infringement Claims. Sweeble respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sweeble’s Designated Copyright Agent, identified below, with all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, summarized as follows: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Service are covered by a single notification, a representative list of such works at that Service; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity 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; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.
3.10 Copyright Agent. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to Sweeble Designated Copyright Agent using the following contact information:
SWEEBLE DESIGNATED COPYRIGHT AGENT CONTACT INFO:Email: firstname.lastname@example.org
Postal Address: Sweeble Designated Copyright Agent
4100 Monument Corner Drive, Suite 500,
Fairfax, VA 22030
ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
IV. DISCLAIMER OF LIABILITY; INDEMNIFICATION
4.0 DISCLAIMER OF LIABILITY. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. EFFORTS BY SWEEBLE TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SERVICE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH THE SERVICE, IS PROVIDED "AS IS," AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES SWEEBLE’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (8) THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.IN NO EVENT SHALL SWEEBLE AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH SWEEBLE, THE “SWEEBLE ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF SWEEBLE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM SWEEBLE’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF SWEEBLE ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SERVICE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.
4.1 Indemnification. You will indemnify, defend (or settle) and hold harmless Sweeble Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”) against any of Sweeble Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the Service, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms of Service, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of Sweeble, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, Sweeble Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to Sweeble Entities pursuant to this Section.
V. DISPUTE RESOLUTION
5.0 MANDATORY BINDING ARBITRATION. YOU AND SWEEBLE EACH AGREE TO SUBMIT TO BINDING ARBITRATION IN THE EVENT OF A DISPUTE, CONTROVERSY OR CLAIM (EACH, A “DISPUTE”) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF (INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE TERMS OF SERVICE TO ARBITRATE), YOUR OR SWEEBLE’S RIGHTS AND OBLIGATIONS UNDER THESE TERMS OF SERVICE, THE SERVICE, THE USE OF THE SERVICE, AND/OR THE INFORMATION, SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED BY OR THROUGH OR IN CONNECTION WITH THE SERVICE. THE ARBITRATION WILL BE HELD IN SAN FRANCISCO, CALIFORNIA BEFORE ONE ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION. YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL. THE ARBITRATION WILL BE ADMINISTERED BY JAMS (HTTP://WWW.JAMSADR.COM). YOU MAY OBTAIN A COPY OF THE RULES OF JAMS BY CONTACTING THE ORGANIZATION. YOU AND SWEEBLE SHALL AGREE ON ONE ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE JAMS RULES. EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN ATTORNEY, EXPERT AND OTHER FEES, UNLESS SUCH FEES ARE AWARDED BY THE ARBITRATOR TO THE PREVAILING PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE SWEEBLE’S INTELLECTUAL PROPERTY RIGHTS, SWEEBLE MAY SEEK (AND YOU WILL NOT CONTEST) INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN SAN FRANCISCO, CALIFORNIA AND YOU CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS.
5.1 ARBITRATION FINAL AND BINDING. THE ARBITRATOR'S AWARD IS FINAL AND BINDING ON ALL PARTIES. THE FEDERAL ARBITRATION ACT, AND NOT ANY STATE LAW CONCERNING ARBITRATION, GOVERNS ALL ARBITRATION UNDER THIS CLAUSE. ANY COURT HAVING JURISDICTION MAY ENTER JUDGMENT ON THE ARBITRATOR'S AWARD. IF ANY PART OF THIS CLAUSE, OTHER THAN WAIVERS OF CLASS ACTION RIGHTS, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL REMAIN ENFORCEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF THE WAIVER OF CLASS ACTION RIGHTS CONTAINED HEREIN IS NOT ENFORCEABLE AS TO ANY PERSON OR PERSONS, SUCH NON-ENFORCEABILITY SHALL APPLY TO SUCH PERSON OR PERSONS ONLY, AND ALL OTHER PERSONS SHALL CONTINUE TO BE GOVERNED BY THE ARBITRATION CLAUSE.
5.3 GIVING UP RIGHT OF CLASS ACTION. THESE TERMS OF SERVICE PROVIDES THAT ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS ACTION CLAIM YOU MAY HAVE AGAINST SWEEBLE ENTITIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
5.4 Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial. To the maximum extent permitted by law, these Terms of Service are governed by the laws of the United States of America and the State of Delaware, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. To the extent a Dispute is not governed by the Arbitration Clause, you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco, California in all disputes arising out of or relating to the use of the Service or under these Terms of Service; provided, however, that in the event Sweeble is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by Sweeble hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by Sweeble therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph. To the extent a claim is not governed by the Arbitration Clause, Sweeble and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms of Service, your or Sweeble’s rights and obligations under these Terms of Service, the Service, use of the Service, and/or the services and/or products that may be provided by or through or in connection with the Service.
6.0 Viewing, Accessing and Use Outside the United States. If and when any products or services referenced on the Service become available, they will become available in the United States and may not become available elsewhere. Sweeble makes no claims that the Service or any products or services referenced therein may be lawfully viewed, accessed or used outside the United States. Access or use of the Service or any products or services referenced therein may not be legal by certain persons or in certain countries. If you access or use the Service from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
6.1 No Joint Venture. You agree that no joint venture, partnership, employment or agency relationship exists between you and Sweeble as a result of these Terms of Service or your use of the Service.
6.2 Headings. Section headings and other captions in these Terms of Service are used solely for the convenience of the parties, have no legal or contractual significance, and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms of Service.
6.3 Survival. The provisions of the following sections shall survive any termination or expiration of these Terms of Service: Disclosure Under Law, Materials, User Representations and Warranties, Disclaimers, Indemnification, Confidentiality, Copyright and Other Intellectual Property, Dispute Resolution (Arbitration Clause), Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial, and Miscellaneous.
6.4 No Waiver. The failure of Sweeble to enforce any provision of these Terms of Service will not be construed as a waiver or limitation of Sweeble’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Service.
6.5 Assignment. No assignment, delegation or other conveyance of these Terms of Service may be made by you (by operation of law or otherwise) without the prior written consent of Sweeble, to be given in its sole discretion. Sweeble may assign its rights and obligations hereunder to any other party.
6.6 Statute of Limitations. Any cause of action you may have with respect to your use of the Service must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.
6.7 Agreement Binding. In the event that any provision of these Terms of Service is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms of Service will continue in full force and effect.
6.8 Notices. Notices to Sweeble under these Terms of Service shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Sweeble, with such notices being effective as of the date of actual, confirmed receipt by Sweeble. Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.
6.9 Entire Agreement; Language of Agreement. These Terms of Service contain the entire agreement between you and Sweeble with respect to the Service. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sweeble with respect to the Service. Any rights not expressly granted herein are reserved. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.
6.10 Questions? Inquiries regarding these Terms of Service should be directed to Sweeble at email@example.com.