- Your Use of the Site. Swarm owns and operates the Site. The documents and other information and content available on the Site are referred to as “Site Content.” The Site Content is protected by copyright laws throughout the world. Swarm grants you a limited, revocable license to access and use the Site and Site Content and to reproduce portions of the Site Content solely for your internal business purposes. You must retain all copyright and other proprietary notices on any copies of the Site Content. Using the Site does not give you any ownership rights to the Site or Site Content. Further, nothing in these Terms confers to you any license or right under any patent, copyright, trademark, or other intellectual property right of Swarm or any third party. Swarm and its suppliers reserve all rights not granted in these Terms.
You may not provide any Content (defined below) or use the Site or Site Content in any way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Site or any Site feature. Except as expressly provided above, you may not copy, display, download, distribute, modify, reproduce, republish, or retransmit any Site Content or any portion of the Site Content in any electronic medium or in hard copy, or create any derivative work based on such Site Content or portion thereof, without our express written permission. The Site and Site Content are for informational purposes only and we do not make any recommendations on or via the Site. You should not rely upon the Site or Site Content as the sole basis for any decision or action.
- Trademarks. All trademarks, logos, and service marks (“Marks”) on the Site are our property or that of third parties. You are not permitted to use any Mark without the Mark’s owner’s prior written permission.
- Feedback. All information, ideas, suggestions, or other communications you submit or provide to us will be non-confidential and non-proprietary (“Feedback”). Do not submit or provide us with any Feedback that contains information, ideas, or suggestions you consider confidential or proprietary. Unless we agree otherwise in writing, Swarm will be entitled to use, disclose, or distribute any Feedback for any purpose whatsoever without any obligation to you.
- User Submissions. The Site may enable you to submit emails or otherwise provide certain content, data, or other information (“Content”) to Swarm. You can only submit Content if you own all the rights to the Content or if the owner has given you permission to submit the Content. You do not transfer ownership of the Content you submit, however, by doing so, you grant us the irrevocable right to use, copy, modify publish, perform, transmit, and display such Content for any reason whatsoever in accordance with these Terms. We are not responsible for Content submitted or posted to the Site by others.
- Modification. We reserve the right to (i) modify the Site Content, or (ii) modify, suspend, or discontinue the Site or any part the Site at any time with or without notice to you. You agree that Swarm will not be liable to you or to any third party for any modification of the Site Content or any modification, suspension, or discontinuance of the Site.
- Third Party Links. The Site may contain links to websites owned and/or operated by third parties. Such websites are not under our control. We provide these links as a convenience and we do not review, approve, monitor, endorse, or make any representations with respect to such websites. We are not responsible for such websites’ content or for any link(s) they may contain.
- Warranty Disclaimer. SWARM DOES NOT MAKE ANY WARRANTIES OR PROMISES ABOUT THE SITE OR SITE CONTENT. FOR EXAMPLE, INFORMATION ON THE SITE MAY NOT BE CURRENT OR COMPLETE WHEN YOU VISIT THE SITE AND IT MAY CONTAIN ERRORS OR INACCURACIES. WE DO NOT MAKE ANY COMMITMENTS RELATED TO THE SITE’S FUNCTIONALITY, AVAILABILITY, RELIABILITY, OR ABILITY TO MEET YOUR NEEDS. SWARM PROVIDES THE SITE AND SITE CONTENT “AS IS” AND FOR YOUR USE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, SWARM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ANY WARRANTIES OF TITLE, ACCURACY, AND QUIET ENJOYMENT.
- Indemnification. You agree to indemnify and hold Swarm and its affiliates, officers, employees, agents, partners, and licensors (collectively, the “Swarm Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your (i) Content, or (ii) violation of these Terms, of any third party rights, or of any applicable laws, rules, or regulations. Swarm reserves the right, at its own cost, to assume the defense and control of any matter requiring indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive your access to or use of the Site.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT EXCEPT WHERE LEGALLY PROHIBITED, IN NO EVENT WILL THE SWARM PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT A SWARM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY. THE SWARM PARTIES’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SITE, OR SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED FIFTY DOLLARS (US$50).
- Non-US Site Visitors.The Site can be accessed from anywhere in the world and may contain references to products and services not available in your country. These references do not imply that Swarm intends to provide any product or service offerings in your country. We control and operate the Site, Site Content, and our offerings from the United States. Swarm makes no representations that the Site, the Site Content, or any of our offerings are or will be appropriate or available for use in foreign countries. Those who access or use the Site or Site Content from other jurisdictions do so at their option and are responsible for compliance with all applicable laws and regulations.
- Additional terms. If you subscribe to our product or service offerings, we will provide such offerings under a separately executed agreement that becomes part of your agreement with us. If there is a conflict between such separate agreement and these Terms, the separate agreement will govern.
- Governing Law; Venue. These Terms and any related action will be governed and interpreted by and under the laws of the State of California, excluding its conflicts of laws rules. Venue for any dispute arising out of these Terms will be the state courts in Santa Clara County, California or the US federal courts in the Northern District of California, and each party (you and Swarm) consents to personal jurisdiction to such court(s) and also waives any right it may otherwise have to challenge the appropriateness of such forums.
- Export Restrictions. You may not access, download, use, or export the Site or the Site Content in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions, and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available the Site, Site Content, or Swarm products or services in violation of any such restrictions, laws, or regulations.
- Claims of Copyright Infringement. Swarm respects the intellectual property rights of others and asks that individuals who use the Site do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Swarm a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Swarm a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to [email protected].
- General Provisions. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Terms is held invalid or unenforceable, that part will be modified to reflect the original intention of the parties, and the other parts will remain in full force and effect.
If you have any questions about these Terms, please contact us at [email protected].