SWINGFANS USER AGREEMENT
- The Site. The Site provides information about products offered by Swing Fans, including product specifications, pricing, and pictures, as well as links to websites of third parties.
- Third Party Sites.
- Links to the Site. Swing Fans permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Swing Fans or our affiliated companies or present any false information about Swing Fans or our affiliated companies and shall not imply in any way that we endorse any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with this Agreement and applicable law.
- Modification of User Agreement terms. We reserve the right, at our discretion, to change these terms and conditions at any time. Such change will be effective thirty (30) days following posting of the revised User Agreement on the Site, and your continued use of the Site thereafter means that you accept those changes.
- Site Access. For such time as this Agreement is in effect, we hereby grant you permission to visit and use the Site provided that you comply with this Agreement and applicable law.
- You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
- Intellectual Property Rights.
- Content and Marks. The Content on the Site, and (ii) the trademarks, service marks and logos contained therein (“Marks“) (iii) the pictures, are the property of Swing Fans and/or its licensors or affiliated companies and may be protected by applicable copyright or other intellectual property laws and treaties. “Swing Fans”,”Swing”, the Swing Fans logo, and other marks are Marks of Swing Fans or its affiliated companies. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
- Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
- We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Swing Fans, its users or the public.
- Warranty Disclaimers.
- This section 9 applies whether or not the services or Content provided by or through the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- THE SITE, THE SERVICES PROVIDED ON THE SITE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SWING FANS AND OUR AFFILIATED COMPANIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, SWING FANS AND OUR AFFILIATED COMPANIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, ACCURACY OR COMPLETENESS OF THE SITE AND/OR THE CONTENT. SWING FANS AND OUR AFFILIATED COMPANIES DO NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT SWING FANS AND OUR AFFILIATED COMPANIES WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.
- Limitation of Liability.
10.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SWING FANS AND OUR AFFILIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED, TO LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:
1.1. YOUR USE OR INABILITY TO USE OUR SITE;
1.2. PRICING, SHIPPING OR OTHER GUIDANCE PROVIDED BY US OR OUR AFFILIATED COMPANIES;
1.3. PRODUCTS PROVIDED BY THIRD PARTY MERCHANTS OR SERVICE PROVIDERS;
1.4. THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING OUR THIRD PARTY MERCHANTS’ PRODUCTS AND/OR SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS;
1.5. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO, OUR SITE OR OUR THIRD PARTY MERCHANTS’ SITES;
10.2. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 SHALL APPLY: (i) EVEN IF SWING FANS OR OUR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (ii) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (iii) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.
11. Indemnity. You agree to defend, indemnify and hold harmless Swing Fans and our affiliated companies, and our and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of this Agreement.
12. Term and Termination. This Agreement is effective until terminated by Swing Fans or you. Swing Fans, in its sole discretion, has the right to terminate this Agreement and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of this Agreement). Swing Fans shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of this Agreement, you shall cease all use of the Site. This Section 12 and Sections 1 (Site Information), 6 (Intellectual Property Rights), 8 (Privacy), 9 (Warranty Disclaimers), 10 (Limitation of Liability), 11 (Indemnity), and 13 (General) shall survive termination of this Agreement.
13. General. Swing Fans reserves the right to discontinue or modify any aspect of the Site at any time. This Agreement and any dispute relating to the Site or this Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You hereby irrevocably submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, Swing Fans may seek injunctive relief in any jurisdiction. This Agreement shall constitute the entire agreement between you and Swing Fans concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction: (i) the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect; and (ii) the invalid provision shall be substituted with a provision that most closely approximates the original legal and economic effect of the invalid provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and duly signed by the waiving party. All section and sub-section headings used in this Agreement are for convenience only, and shall not be relied upon or used in interpreting this Agreement. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: December 2, 2015