Terms of Use
back to home pageA. The following terms and conditions ("Terms of Use") and SwingVine's Privacy Policy, incorporated here by reference, govern your usage of this website, including all content and functionality available through the SwingVine.com domain name ("SwingVine Website" or "Website"). If you do not agree to any of these terms or to the SwingVine privacy notice, please do not use the SwingVine Website.
B. These Terms of Use apply to all users of the SwingVine Website, including users who are also contributors of content or other information, materials, or services on the Website. The SwingVine Website includes all aspects of SwingVine, including, without limitation, all services, products, and software offered via the Website.
C. The SwingVine Website may contain embedded content or other types of links to third party websites that are not owned or controlled by SwingVine. SwingVine has no control over, and assumes no responsibility for, the content, terms of use, privacy policies, or other practices of any third party websites. SwingVine does not bear any liability arising from your use of any third-party website. For your own benefit, we encourage you to read the terms and conditions and privacy policy of each other third-party website that you visit.
D. We may attempt to notify you when major changes are made to these Terms of Use, but you should periodically review the most recent terms on this page. SwingVine may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
E. Customer support is not offered for the Website.
F. You certify that you are at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with these Terms of Use.
A. You must create a SwingVine account in order to access some features of the Website. You must always use your own account and never use another user's account without their express permission. Your are solely responsible for maintaining the security of your account password and for any activities on your account. You must notify SwingVine immediately in the event of unauthorized use of your account of any other type of security breach.
B. Although SwingVine will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SwingVine or others due to such unauthorized use.
C. SwingVine may terminate your access to its Website if, under appropriate circumstances, you are determined to have repeatedly violated these Terms, including, without limitation, copyright laws and regulations, especially pertaining to User Submissions as discussed below.
D. SwingVine reserves the right to decide whether Content or User Submissions, as described below, are appropriate and comply with these Terms of Use for violations other than copyright infringement, such as, but not limited to, inaccurate, offensive, indecent, or objectionable content or content of excessive length. SwingVine may remove such User Submissions and/or terminate a User's account for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
E. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and SwingVine have benefited from, been subject to (or which have accrued over time whilst the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
You may make use of the SwingVine Website under the agreement of these Terms of Use. It is worth noting the following provisions:
A. You agree to access the SwingVine Website only through the pages of the Website itself. You agree not to access or attempt to access any part of the Website through automated systems, including without limitation, robots, scripts, or spiders, with the exception of public search engines that use spiders to crawl the Website solely for the purpose of creating publicly available searchable indices of the Website. You agree not to collect personally identifiable information (including user names or email addresses) from the Website.
B. Website content is provided to you AS IS and AS AVAILABLE.
C. All Website content, except User Submissions (as defined below), including without limitation logos, trademarks, service marks, domain names, trade names, text, software, and multimedia ("Content") are owned by or licensed to SwingVine, subject to copyright and other intellectual property rights under the law.
D. You may access SwingVine Content, User Submissions, and other content solely for your personal use. You agree not to reproduce, distribute, duplicate, copy, sell, trade, resell or exploit the Website, its systems, including without limitation its reviews and messaging systems, or its content, including but not limited to User Submissions (defined below), for any commercial purposes, unless specifically permitted by SwingVine in a separate written agreement.
E. You will comply with these Terms of Use and all other applicable laws and regulations in your jurisdictions.
F. SwingVine reserves the right to discontinue, modify, or impose usage limitations on any aspect of the SwingVine Website at any time.
G. You agree not to damage, disable or otherwise interfere or impair with the normal operation of the SwingVine Website.
H. SwingVine does not guarantee the accuracy, timeliness, usefulness, safety, or intellectual property rights of or relating to any User Submissions. You understand that by using SwingVine, you may be exposed to User Submissions that you may find offensive, inaccurate, indecent, or objectionable. Under no circumstances will SwingVine be liable with respect thereto.
A. You may submit text, images, and multimedia ("User Submissions") to SwingVine using your SwingVine account.
B. You agree that you are solely responsible for your User Submissions and any breach of these Terms of Use and any applicable laws and regulations in your jurisdictions.
C. SwingVine is not under any obligation of confidentiality with respect to your User Submissions. SwingVine does not claim ownership of your User Submissions, but by submitting User Submissions you grant a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, distribute, reproduce, modify, adapt, display, and perform the User Submissions in connection with the SwingVine Website and SwingVine's (and its successors' and affiliates') business. The above licenses granted by you are perpetual and irrevocable.
D. You grant each user of the SwingVine Website a non-exclusive license to access, modify, and adapt your User Submissions through the Website. The above licenses granted by you are perpetual and irrevocable.
E. You agree that you own or have the necessary rights, licenses, and/or permissions to make your User Submissions. You warrant that your User Submissions do not violate third party rights, including copyright, privacy, personality, and publicity rights.
F. SwingVine does not endorse and is not liable for any User Submissions. SwingVine respects the copyright and intellectual property of others and will remove all Content and User Submissions if notified through the Copyright Infringement Notification process defined below. SwingVine reserves the right to remove User Submissions without prior notice.
G. You may submit ideas, suggestions, documents, and/or proposals ("Suggestions") to SwingVine through its suggestion or feedback pages. You agree that your Suggestions do not contain confidential or proprietary information and grant SwingVine the right to use, not use, disclose, or not disclose your Suggestions without entitlement to any compensation or reimbursement. SwingVine is not under any obligation of confidentiality, express or implied, with respect to the Contributions.
A. Copyright infringement notifications can be filed with SwingVine by sending written communication to the Designated Agent below. All other inquiries and copyright infringement notifications that do not follow the process outlined will not receive a response through this process. For full details about these requirements, please consult your legal counsel or Title 17 of the United States Code, Section 512(c)(3). Note that under Section 512(f) of the same code, any person who knowingly materially misrepresents under Section 512 is subject to liability.
Written notification must be submitted to the following Designated Agent:
DMCA Complaints
SwingVine Inc.
2201 4th Ave. #215
Seattle, WA 98121
Fax: (206) 269-0928
Phone: (206) 755-5897
Email: copyright@swingvine.com
Written copyright infringement notifications must include substantially the following.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to be infringed by a single notification, a representative list of such works.
- 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 location of the material.
- Information reasonably sufficient to permit SwingVine to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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.
- 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.
B. Copyright infringement counter notifications can be filed with SwingVine by sending written communication to the Designated Agent below. All other inquiries and copyright infringement counter notifications that do not follow the process outlined will not receive a response through this process. For full details about these requirements, please consult your legal counsel or Title 17 of the United States Code, Section 512(g). Note that under Section 512(f) of the same code, any person who knowingly materially misrepresents under Section 512 is subject to liability.
Written notification must be submitted to the following Designated Agent:
DMCA Counter Notifications
SwingVine Inc.
2201 4th Ave. #215
Seattle, WA 98121
Fax: (206) 269-0928
Phone: (206) 755-5897
Email: copyright@swingvine.com
Written counter notifications must include substantially the following.
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which SwingVine may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
YOU AGREE THAT YOUR USE OF THE SWINGVINE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FULLEST EXTENT PERMITTED BY LAW THAT SWINGVINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SWINGVINE DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR ASSUMPTIONS OF LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
(I) ACCURACY, TIMELINESS, COMPLETENESS OF THE WEBSITE'S CONTENT OR OF ANY SITES LINKED TO THIS SITE,
(II) THE QUALITY OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ITS AVAILABILITY, RELIABILITY, SECURITY, OR FUNCTIONALITY, OR ITS ABILITY TO MEET YOUR EXPECTATIONS, AND
(III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FROM ANY ERRORS OR OMMISSIONS IN THE WEBSITE CONTENT OR ANY TROJAN HORSES OR COMPUTER VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH THE SWINGVINE WEBSITE BY ANY THIRD PARTY.
YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FULLEST EXTENT PERMITTED BY LAW THAT SWINGVINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES FOR LOSS OF PROFITS, USE, GOODWILL, DATA, OR OTHER DAMAGES, TANGIBLE OR INTANGIBLE, RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE WEBSITE;
(II) UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR DATA OR COMMUNICATIONS ON OR THROUHG SWINGVINE;
(III) ANY DEFAMATION, OFFENSE, ILLEGAL CONDUCT, INJURIY, OR DAMAGE, TANGIBLE OR INTANGIBLE, RESULTING FROM USER SUBMISSIONS OR ANY THIRD PARTIES ON THE WEBSITE;
OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
You agree to indemnify and hold SwingVine, its officers, directors, employees, agents, partners, and licensors harmless from any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney's fees, made by any third party due to or arising out of your use of or connection to the Website, your User Submissions, your violation of these Terms of Use, or your violation of any third party right.
A. You acknowledge and agree that SwingVine or its licensors own all proprietary rights to the Website and its Content.
B. You agree that you shall not obscure, remove, or otherwise interfere with any proprietary rights notices on the Website.
C. You agree not to reproduce, distribute, duplicate, copy, modify, create a derivative work of, or reverse engineer the source code of the Website or any part thereof, unless this is expressly permitted or required by law, or unless SwingVine has granted you permission in a separate written agreement.
A. The SwingVine Website shall be deemed solely based in Delaware and these Terms of Use and the relationship between SwingVine and you shall be governed by laws of the State of Delaware without respect to its conflict of laws principles. You agree to submit any claim or dispute between SwingVine and you exclusively to a court of competent jurisdiction located in Delaware.
B. These Terms of Use, together with the Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and SwingVine and governs your use of the Website, superseding any prior agreements between you and SwingVine with respect to the use of the Website.
C. The failure of SwingVine to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remaining provisions of these Terms of Use shamll remain in full force and effect.
D. You agree that these Terms of Use, and any rights and licenses granted hereunder, is non-transferable and terminate upon your death.
E. You agree to comply with all local rules regarding online conduct and acceptable Content and User Submissions in the country in which you reside. The Website is controlled and offered by SwingVine from its facilities in the United States of America. SwingVine makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the SwingVine Website from other jurisdictions do so of their own volition and are soley responsible for compliance with local law.
F. You agree that any claim or cause of action arising out of or related to the SwingVine Website must be filed within one (1) year after such claim or cause of action arose or be permanently barred, regardless of any statute or law to the contrary.
G. SwingVine reserves the right, at its sole discretion, to amend these Terms of Use at any time and without notice. It is your responsibility to review these Terms of Use for any changes. Your use of the SwingVine Website following any amendment of these Terms of Use will signify your acceptance of the revised terms.