Facebook Terms of Service
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: April 26, 2011.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (Statement) derives from the Facebook Principles, and governs our relationship with users and others who interact with Facebook. By using or accessing Facebook, you agree to this Statement.
Sharing Your Content and Information
You own all of the content and information you post on Facebook, and you can control how it is shared through yourprivacy and application settings. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Facebook safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on Facebook.
You will not collect users’ content or information, or otherwise access Facebook, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Facebook.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Facebook.
You will not use Facebook to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of Facebook, such as a denial of service attack.
You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
Facebook users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use Facebook if you are under 13.
You will not use Facebook if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
You will not post content or take any action on Facebook that infringes or violates someone else’s rights or otherwise violates the law.
We can remove any content or information you post on Facebook if we believe that it violates this Statement.
We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Wall and 32665), or any confusingly similar marks, without our written permission.
You will not post anyone’s identification documents or sensitive financial information on Facebook.
You will not tag users or send email invitations to non-users without their consent.
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on Facebook within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Facebook, as well as your name and profile picture.
Payments and Deals
If you make a payment on Facebook or use Facebook Credits, you agree to our Payments Terms.
If purchase a Deal, you agree to our Deals Terms.
If you provide a Deal or partner with us to provide a Deal, you agree to the Merchant Deal Terms in addition to any other agreements you may have with us.
Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
We give you permission to use Facebook’s Share Link button so that users can post links or content from your website on Facebook.
You give us permission to use and allow others to use such links and content on Facebook.
You will not place a Share Link button on any page containing content that would violate this Statement if posted on Facebook.
Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Facebook Platform Policies and our Advertising Guidelines.
Your access to and use of data you receive from Facebook, will be limited as follows:
You will only request data you need to operate your application.
You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
You will not include data you receive from us concerning a user in any advertising creative.
You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
We can limit your access to data.
You will comply with all other restrictions contained in our Facebook Platform Policies.
You will not give us information that you independently collect from a user or a user’s content without that user’s consent.
You will make it easy for users to remove or disconnect from your application.
You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
You will provide customer support for your application.
You will not show third party ads or web search boxes on Facebook.
We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
You will not misrepresent your relationship with Facebook to others.
You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Facebook Platform Policies.
We can issue a press release describing our relationship with you.
You will comply with all applicable laws. In particular you will (if applicable):
have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on Facebook. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
We do not guarantee that Platform will always be free.
You give us all rights necessary to enable your application to work with Facebook, including the right to incorporate content and information you provide to us into streams, profiles, and user action stories.
You give us the right to link to or frame your application, and place content, including ads, around your application.
We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
To ensure your application is safe for users, we can audit it.
We can create applications that offer similar features and services to, or otherwise compete with, your application.
About Advertisements and Other Commercial Content Served or Enhanced by Facebook
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on Facebook or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal (Order):
When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
Your ads will comply with our Advertising Guidelines.
We will determine the size, placement, and positioning of your ads.
We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. We do, however, have systems to detect and filter certain suspicious activity, learn more here.
You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads.
Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
We can use your ads and related content and information for marketing or promotional purposes.
You will not issue any press release or make public statements about your relationship with Facebook without written permission.
We may reject or remove any ad for any reason.
If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following:
You warrant that you have the legal authority to bind the advertiser to this Statement.
You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
Special Provisions Applicable to Pages
If you create or administer a Page on Facebook, you agree to our Pages Terms.
We can change this Statement if we provide you notice (by posting the change on the Facebook Site Governance Page) and an opportunity to comment. To get notice of any future changes to this Statement, visit our Facebook Site Governance Page and become a fan.
For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such comments must be made on the Facebook Site Governance Page.
If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Facebook to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Facebook exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Facebook, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP FACEBOOK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FACEBOOK AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FACEBOOK WILL BE SAFE OR SECURE. FACEBOOK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FACEBOOK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FACEBOOK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FACEBOOK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Facebook (such as advertising or payments) or operate a Platform application or website.
Certain specific terms that apply only for German users are available here.
By Facebook we mean the features and services we make available, including through (a) our website atwww.facebook.com and any other Facebook branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By Platform we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Facebook or provide data to us.
By information we mean facts and other information about you, including actions you take.
By content we mean anything you post on Facebook that would not be included in the definition of information.
By data we mean content and information that third parties can retrieve from Facebook or provide to Facebook through Platform.
By post we mean post on Facebook or otherwise make available to us (such as by using an application).
By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By active registered user we mean a user who has logged into Facebook at least once in the previous 30 days.
By application we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Facebook, Inc. Otherwise, this Statement is an agreement between you and Facebook Ireland Limited. References to “us,” “we,” and “our” mean either Facebook, Inc. or Facebook Ireland Limited, as appropriate.
This Statement makes up the entire agreement between the parties regarding Facebook, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing Facebook.
You may also want to review the following documents:
Payment Terms: These additional terms apply to all payments made on or through Facebook.
Platform Page: This page helps you better understand what happens when you add a third-party application or use Facebook Connect, including how they may access and use your data.
Facebook Platform Policies: These guidelines outline the policies that apply to applications, including Connect sites.
Advertising Guidelines: These guidelines outline the policies that apply to advertisements placed on Facebook.
Promotions Guidelines: These guidelines outline the policies that apply if you have obtained written pre-approval from us to offer contests, sweepstakes, and other types of promotions on Facebook.
How to Report Claims of Intellectual Property Infringement
How to Appeal Claims of Copyright Infringement
To access the Statement of Rights and Responsibilities in several different languages, change the language setting for your Facebook session by clicking on the language link in the left corner of most pages. If the Statement is not available in the language you select, we will default to the English version.
Swaggable Terms of Service Agreement
Swaggable is delighted that you have decided to learn more about becoming a “Member” of Swaggable (for purposes of this Agreement, “You”, “Yourself” or”Your” means the person who registers for the Service, wishes to become a Member of Swaggable, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Swaggable). IF YOU DO NOT AGREE TO THIS AGREEMENT YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
1. Authorized Use of Site. The Swaggable Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Swaggable requires the prior written consent of Swaggable. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Swaggable Website. Further, you may not use any such automated means to manipulate the Swaggable Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Swaggable Website or any other user’s use of the Swaggable Website, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing” the Swaggable Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the Swaggable Website to any third party without our prior written consent.
2. Registration and Passwords. In order to access certain services on the Swaggable Website, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
3. Swaggable and Client Content. The contents, advertisements, information and other materials of Swaggable and the Swaggable Website, and of all other websites under Swaggable’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Swaggable Content”) and the compilation (meaning the collection, arrangement and assembly) of all Swaggable Content, are protected under copyright, trademark and other laws. As between You and Swaggable, all Swaggable Content is Swaggable’s exclusive property. Unauthorized use of Swaggable Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in Swaggable Content on any permitted copy You make of Swaggable Content. You shall not copy or adapt the code that Swaggable creates to generate any Swaggable Content or the pages making up any Swaggable Site (defined below), which is also protected by Swaggable’s copyright.
The contents, advertisements, information and other materials of any Swaggable client (“Client”) or Client’s Website, and of all other websites under Client’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Client Content”) and the compilation (meaning the collection, arrangement and assembly) of all Client Content, are protected by copyright, trademark and other laws. As between You and Client, all Client Content is Client’s exclusive property. Unauthorized use of Client Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in Client Content on any permitted copy You make of Client Content.
You may not sell or modify Swaggable Content or Client Content or reproduce, display, publicly perform, distribute, or otherwise use Swaggable Content or Client Content in any way for any public or commercial purpose, unless previously approved in writing by Swaggable or Client (as applicable). The use of Swaggable Content or Client Content on any other website for any purpose is prohibited. For sake of clarity, you are not permitted to use any Swaggable Content or Client Content unless you are given express permission to do so by Swaggable or Client.
By using the Swaggable Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Swaggable Website. All rights not granted under this Agreement are reserved by Swaggable.
4. Rights to Content Posted by Members. Unless otherwise specified, You may only post Content to the Site if you are thirteen (13) years of age or older, provided that should you be less than eighteen (18) years old, your parents or legal guardian have agreed to the terms of this Agreement on your behalf. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, You must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Swaggable. You may not post or distribute Content that is illegal or that violates this Agreement. By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information (personal or otherwise) (collectively “Submitted Content”) on or to the Swaggable Website (including on or to Your profile), You automatically grant, and You represent and warrant that You have the right to grant to Swaggable an irrevocable, perpetual, non-exclusive, fully paid and royalty-free (meaning that Swaggable is not required to pay You for the use of the Service or the Submitted Content You post) worldwide license to use, copy, perform, display and distribute such Submitted Content and to prepare derivative works of, or incorporate into other works, such Submitted Content, and to grant and authorize sublicenses of the foregoing. You further grant to Swaggable the authority to publicly post Your Submitted Content on or to the Swaggable Website, and You represent and warrant that the public posting and use of Your Submitted Content by Swaggable will not infringe or violate Your rights of those of any third party.
5. Eligibility. You must be 13 years of age or older to join the Service or visit or use the Swaggable Website in any manner. If you are over 13 years of age and under 18 years of age, you must have permission from your parent or legal guardian to join the Service and accept these Terms. Swaggable has the right, in its sole discretion, to request parental/legal guardian consent forms at any time from any minors who are under 18 years of age. Minors who are under 18 years of age (but over 13 years of age) may be prohibited from participating in certain activities or events and parental/legal guardian consent may be required in order for minors to participate in other activities or events. By visiting the Swaggable Website and accepting the terms of this Agreement, You represent and warrant to Swaggable that You are 13 years of age or older (if over 13 but under 18 that you have permission from parent or legal guardian to visit the Swaggable Website and accept the terms of this Agreement), that You have the right, authority and capacity to agree to and abide by the terms of this Agreement, and that You will use Swaggable and the Swaggable Website solely for Your personal, noncommercial use, in a manner consistent with any and all applicable laws and regulations.
6. Security Rules. You shall not violate or attempt to violate the security of the Swaggable Website, and any other such websites, which are sometimes collectively referred to as a “Swaggable Site,” and collectively referred to as the “Swaggable Sites,” including without limitation, (a) accessing data not intended for Member or logging into a server (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of any Swaggable Site or any activity being conducted on any Swaggable Site, (c) attempting to interfere with the availability of any Swaggable Site to any representative, host or network, including, without limitation, via means of submitting a virus to any Swaggable Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” any Swaggable Site, (d) utilizing any Swaggable Site for the advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) using a password or access code not issued to the Member. Violations of system or network security may result in civil or criminal liability. Swaggable will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting Members who are involved in such violations.
7. Term and Termination. This Agreement will remain in full force and effect while You use the Swaggable Website and/or are a Member. You may terminate Your membership at any time, for any reason by following the instructions on the “Preferences” page of the Swaggable Website. Even after Your membership is terminated, this Agreement will remain in full force and effect.
Swaggable may terminate Your membership for any reason, at any time. Swaggable may, in its sole discretion, terminate or suspend any Member’s access to all or part of the Service including the cancellation of some or all of the Member’s accumulated “Swaggable Rewards” (defined below) for any or no reason, including, without limitation, breach of this Agreement, or taking actions that are inconsistent with the intent of this Agreement. Swaggable shall be the sole determiner in cases of suspected abuse, fraud, or breach of this Agreement or intent of this Agreement. If Swaggable terminates Your membership in the Service because You have breached this Agreement or taken actions that are inconsistent with the intent of this Agreement, You will not be entitled to any previously accumulated points (“Swaggable Points”) nor will You be entitled to receive payments of any previously accumulated currency (“Swaggable Currency”). Swaggable Currency and Swaggable Points are hereinafter defined as “Swaggable Rewards.
Swaggable reserves the right to suspend and/or cancel your membership in this Service or any account you may have, permanently expel you from the Service and/or put a “hold” on, not credit, revoke and/or delete Swaggable Rewards from your Account, if Swaggable determines, in its sole and absolute discretion, that you: (a) abused the Service’s privileges; (b) breached this Agreement; (c) made a misrepresentation, including without limitation, submitting false or fictitious Personal Information; (d) purchased merchandise that will be used for resale or commercial use; and/or (e) obtained Swaggable Rewards as a result of any fraudulent, dishonest, misleading or illegal act, or were otherwise improperly credited Swaggable Rewards.
Swaggable reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, cancelation of Your account, profile, Submitted Content from the Swaggable Website, and/or some or all of Your accumulated Swaggable Rewards, and the immediate termination of Swaggable Services and the services of other Swaggable Sites to You, upon any breach by You of the terms of this Agreement or if the Swaggable is unable to verify or authenticate any information You submit to Swaggable or any other Swaggable Site. Any decision Swaggable makes relating to cancellation, termination or suspension of any Member’s account and membership (including the cancellation of Swaggable Rewards) shall be final and binding.
Swaggable may also terminate any Member’s account in its sole discretion if a Member has been inactive for a period of eighteen (18) months. A Member will be defined as inactive based upon Member’s failure to login to the Site. When a Member’s account has been terminated, all Swaggable Rewards earned shall be forfeited.
You may terminate your membership in the Service at any time and effective immediately. Swaggable will not be liable to you or any third party for termination of the Service or Site. You may terminate your membership by contacting us or by using the “terminate membership” function if available. All of your Crowtap Rewards will be forfeited upon termination.
9. Copyrights and Trademarks. All materials included on the Swaggable Sites including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of Swaggable or its clients, unless otherwise noted or attributed. Swaggable, Swaggable Rewards, and the Swaggable logo are trademarks and service marks of Swaggable LLC. Text excerpts, diagrams, logos or other information may be quoted within the content of the Swaggable Sites, and the respective copyright holders retain their rights to this material. You may download, view, email, copy and print documents and graphics incorporated in the documents from the Swaggable Sites subject to the following: (1) the documents may be used solely for involvement in campaigns or personal, informational, non-commercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the Swaggable Sites in whole or in part without the prior written permission of Swaggable.
10. Taxes. All taxes applicable to any Swaggable Rewards provided by Swaggable to You under this Agreement will be Your liability and Swaggable shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation. In accordance with current law, if Swaggable is required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income, reflecting the gross annual compensation paid by Swaggable to You, net of any reimbursed expenses incurred by You on behalf of Swaggable pursuant to this Agreement, then You will be required to complete and submit a Form W-9 through the Swaggable Website.
11. Swaggable’s Liability. Swaggable is only a venue and Swaggable does not screen or censor the profiles or Submitted Content of Members. We generally do not control the Submitted Content or information provided by Members that is made available through Swaggable. As a result, the Swaggable has no control over the truth or accuracy of the information submitted by Members. Swaggable makes no representations about the accuracy, reliability, completeness, or timeliness of any profile or Submitted Content of Members. In addition, note that there are risks, including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Members with whom You come in contact through Swaggable. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Swaggable and/or the Swaggable Sites.
Because Member authentication on the Internet is difficult, Swaggable cannot and does not confirm that each Member is who they claim to be. Because we do not and cannot be involved in Member-to-Member dealings or control the behavior of participants on any Swaggable Site, in the event that You have a dispute with one or more Members, You release the Swaggable (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You are entirely responsible for maintaining the confidentiality of Your password and account information. Furthermore, You are entirely responsible for any and all activities that occur under Your account.
12. Disclaimer of Consequential Damages. IN NO EVENT SHALL Swaggable, ITS CLIENTS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY Swaggable SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY Swaggable SITE AND Swaggable CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Swaggable IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability. Swaggable, its Clients, and their respective parent companies, subsidiaries, affiliates, directors, officers, LLC members, managers, employees, and agents shall not be liable for any damages, special, consequential, or otherwise, arising out of, or in any way connected with Your use of the Swaggable Service or participation in its Programs, the use of information provided by You under the Programs, or the merchandise or services obtained by You through the redemption of Swaggable Rewards under the Service.
Swaggable’s MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY Swaggable SITE OR YOUR USE OF Swaggable, OR THE Swaggable CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED (I) THE AMOUNT PAID BY YOU FOR YOUR USE OF THE SITE DURING THE PRIOR TWELVE (12) MONTHS OR (II) TEN DOLLARS ($10). SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, AND AS SUCH THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, Swaggable, ITS CLIENTS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, LLC MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FURTHER, UNDER NO CIRCUMSTANCES SHALL Swaggable BE LIABLE FOR ANY ACTIONS WHATSOEVER BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE OR INVOLVEMENT IN A PROGRAM OR TASK. MEMBERS ARE NOT EMPLOYEES OF Swaggable, AND Swaggable, WHILE CREATING, TRACKING AND MANAGING THE NETWORK IN WHICH Swaggable’S CLIENTS AND MEMBERS ARE UNITED, SOLELY FACILITATES THE ENGAGEMENT OF MEMBERS BY ITS CLIENTS AND AS SUCH DOES NOT AND CANNOT CONTROL, MONITOR, SUPERVISE OR REGULATE THE ACTIONS OF MEMBERS.
14. Confidentiality. You are responsible for maintaining the confidentiality and all uses of Your account, and password whether or not authorized by You. You agree to immediately notify the Swaggable of any unauthorized use of Your account, and password. Further, You acknowledge that during Your engagement with Swaggable, You will have access to and become acquainted with various trade secrets, data, inventions, innovations, processes, information, records and specifications (“Confidential Information”) owned or licensed by Swaggable and/or used by Swaggable in connection with the operation of its business including, without limitation, Swaggable’s business and product processes, methods, customer lists, accounts and procedures. Further, You acknowledge that during Your engagement with Swaggable, You will have access to and become acquainted with Confidential Information owned or licensed by clients of Swaggable. You agree that You will not disclose any of the aforesaid Confidential Information, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of Your engagement with Swaggable. All Swaggable Content, and all similar items relating to the business of Swaggable, shall remain the exclusive property of Swaggable. You shall not retain any copies of the foregoing without Swaggable’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by Swaggable, You shall immediately deliver to Swaggable any and all such files, records, documents, specifications, information, and other items in Your possession or under Your control.
15. Member Disputes. You are solely responsible for Your interactions with other Swaggable Members. Swaggable reserves the right, but has no obligation, to monitor disputes between You and other Members.
17. Right To Be Removed From Programs. Swaggable reserves the right to remove a Member from any campaign, program, task, activity, action, poll, survey, contest, sweepstakes, or the like, coordinated by Swaggable (each a “Program”) at any time for any reason. If You are removed from a Program, You will be notified by a Swaggable representative.
18. Contact with Members. Swaggable has the right, but not the obligation, to periodically contact Members with information, updates, and special offers via email. If there are any inaccuracies in such correspondences, Swaggable will not be held responsible.
20. Right to Offer Programs to Select Members. Programs will be offered to Members based on various demographic and psychographic parameters, as well as previous performance and/or certain scores determine by Swaggable. If You qualify for a Program, You, as a Member, will have the ability to join the Program by selecting it from Your Home Page on the Swaggable Website and/or mobile/email notifications sent to You, with following the instructions provided.
21. Indemnification. You agree to indemnify, hold harmless and defend Swaggable, its Clients, parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and their respective successors and assigns against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, debts, expenses, judgments, losses or other liabilities of whatever kind or nature as they are incurred or threatened (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees), arising from or out of or in connection with the following, without limitation:
a) A breach by You of this Agreement or any obligation or covenant in this Agreement, including Your representations and warranties set forth above;
b) A violation of any law, rule, regulation, or authority by You in connection with the performance of this Agreement, Your use of the Service or Your involvement in a Program;
c) Any negligent, reckless or intentional acts or omissions committed by You in connection with the entry into or performance of this Agreement, Your use of the Service or Your involvement in a Program;
d) A claim against You that the Service or a Program infringes the patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or
e) A claim of libel, false advertisement, slander, defamation, copyright infringement, infringement of moral rights, trademark infringement, false designation of origin, disparagement, violation of privacy, publicity, identity or other proprietary rights, violation of patent or shop rights, piracy or plagiarism that arises in connection with Your performance under this Agreement, Your use of the Service or Your involvement in a Program.
f) Further, Swaggable shall provide You with: (a) prompt written notice of such claim or action; (b) sole control and authority over the defense or settlement of such claim or action (except that You shall not enter into any settlement that materially adversely affects Swaggable’s rights or interests without Swaggable’s prior approval); and (c) proper and full information and reasonable assistance, provided at Your sole expense, in connection with the defense or settlement of any such claim or action. Notwithstanding the foregoing, Swaggable shall have the right, in its sole discretion, to participate in the defense at its own expense with a counsel of its choosing.
22. Comments, Complaints and Questions. We welcome Your feedback about the Swaggable Website. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Swaggable Website shall be and remain the exclusive property of Swaggable, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to You. Should You have any questions or complaints regarding these terms and conditions, please feel free to contact us.
23. Legal Compliance and Applicable Law. You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to Your use of the Swaggable Website, and not to use the Swaggable Website site for any purpose that is contrary to any such laws, rules, regulations or orders. All matters relating to Your access to, and use of, the Swaggable Website or any services provided by Swaggable shall be governed by U.S. federal law or the laws of The State of California. Any legal action or proceeding relating to Your access to, or use of, the Swaggable Website shall be instituted in a state or federal court in California. You and Swaggable agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
24. Swaggable’s Code of Conduct. Swaggable requires that all Members abide by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”) and Standards of Conduct set forth by the Word of Mouth Marketing Association (http://womma.org/ethics/code/).
a. FTC Endorsement Guides: Swaggable believes in full transparency and in full, fair and effective disclosures of material facts relating to your relationship with Swaggable and its clients. Per the FTC’s Endorsement Guides, if you are receiving free products, services, payment or other in-kind compensation in exchange for your participation in this Service or in return for promoting a client or its products/services, you must disclose your connection to Swaggable and/or its Client. This disclosure should appear in close proximity to any statements you make about Sponsor’s products or services or the Sponsor in general.
b. WOMMA Standards of Conduct: (as a Member, you are considered a representative for purposes of the section b.)
Standard 1 – Disclosure of identity: A WOMMA-member shall require their representatives to make meaningful disclosures of their relationships or identities with consumers in relation to the marketing initiatives that could influence a consumer’s purchasing decisions.
Standard 2 – Disclosure of consideration or compensation received: A WOMMA-member shall require their representatives to disclose meaningfully and prominently all forms of consideration or compensation they received from the WOMMA-member, a marketer or sponsor of the product or service. In other words, WOMMA-members shall not engage in marketing practices where the marketer/sponsor or its representatives provides goods, services, or compensation to the consumer (or communicator) as consideration for recommendations, reviews, or endorsements, unless full, meaningful, and prominent disclosure is provided.
Standard 3 – Disclosure of relationship: A WOMMA-member shall require their representatives involved in a word of mouth initiative to disclose the material aspects of their commercial relationship with a marketer, including the specific type of any remuneration or consideration received.
Standard 4 – Compliance with FTC Guides: A WOMMA-member shall comply with the Guides Concerning Use of Endorsements and Testimonials in Advertising promulgated by the Federal Trade Commission. See 16 C.F.R. §§ 255.0–255.5.
Standard 5 – Genuine honesty in communication: A WOMMA-member shall not tell their representatives what to ultimately state in their communications about a particular product or service, so as to enable the consumer to reflect his or her honest opinions, findings, beliefs, or experiences.
Standard 6 – Respect for venue: A WOMMA-member shall respect the rights of any online or offline communications venue (such as a web site, blog, discussion forum, traditional media, and live setting) to create and enforce its own rules as it sees fit.
Standard 7 – Marketing with children and adolescents: A WOMMA-member shall not include children under the age of 13 in any of its word-of-mouth marketing programs or campaigns; and shall comply with all applicable laws dealing with minors and marketing, including the Children’s Online Privacy Protection Act (“COPPA”). See 16 C.F.R. § 312.
Standard 8 – Compliance with media-specific rules: A WOMMA-member shall comply with existing media-specific rules regarding marketing to children.
25. Prohibited Actions Swaggable expects all of its users to be respectful of other people. The following is a partial list of the kinds of conduct that are illegal or prohibited on the Swaggable Website and the Service. In addition to the requirements set forth in Section 26 above, below is a partial list of the kind of actions that are illegal or prohibited by Swaggable in connection with Your service as a Swaggable Member. Engaging in any of these actions by You while serving as a Member of Swaggable and in connection with Your service as a Member may, in the sole and absolute discretion of Swaggable, result in termination of Your membership with Swaggable and Your status as a Member. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against any Member who violates this provision. Prohibited Actions include, but are not limited to, any action which:
a) incites, advocates, or expresses pornography, nudity, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
b) misrepresents the source of anything you post, including impersonation of another individual or entity;
c) provides or create links to external sites that violate the Swaggable Terms of Service or Code of Conduct;
d) is intended to harm or exploit minors in any way;
e) is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school;
f) invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
g) is illegal or violates any local and national laws that apply to your location; including but not limited to child pornography, illegal drugs, copyright material and intellectual property not belonging to you;
h) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage any one else to do so;
i) intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming;
j) attempts to impersonate a Swaggable employee, agent, manager, host, another user, or any other person though any means;
k) infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
l) is inaccurate, false or misleading in any way;
m) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
n) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Swaggable is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Swaggable will make all determinations as to what Content is appropriate in its sole discretion. Swaggable may edit or remove any Content at any time with or without notice.
26. Notices and Legal Disclaimer. The Swaggable Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The Swaggable Content may contain inaccuracies or typographical errors or technical inaccuracies. Swaggable makes no representations about the accuracy, reliability, completeness, or timeliness of any Swaggable Site or the Swaggable Content. The use of the Swaggable Sites and the Swaggable Content is at Your own risk. Changes are periodically made to the Swaggable Website and may be made at any time. Information may be changed or updated with or without notice. Swaggable may also make improvements and/or changes in the products and/or the Programs described in this Agreement or on the Swaggable Website at any time with or without notice.
Swaggable does not warrant or represent that Members will earn any specific number of Swaggable Rewards, that any specific products, prizes or services will be available for redemption in the Swaggable Rewards Store, or that the redemption value of any products, prizes or services contained in the Swaggable Rewards Store will remain unchanged at any given time. Swaggable makes no representations or warranties, express or implied, with regard to any merchandise or services obtained by members through the redemption of Swaggable Rewards under the program. Only those guarantees, warranties, and representations, if any, offered by the manufacturers of merchandise or suppliers of services may be relied upon by Members.
27. FOR MEMBERS: INFORMATION ABOUT THE Swaggable SERVICE AND YOUR ACCOUNT
A. Accounts: Each Member is limited to one account. You must keep all registration information current at all times. You may update Your registration information by visiting the Your profile page of the Website and entering or updating the information requested. An account cannot be used or accessed by multiple persons. Any duplicate accounts are subject to cancellation, and all Swaggable Rewards accumulated in the original and duplicate accounts will be forfeited.
B. Accumulation of Swaggable Rewards: At a time of Swaggable’s choosing, We may implement a rewards system with Swaggable Currency. In the case of this, you will be notified by email and be given an updated Terms of Service to review and agree upon.
ACCEPTANCE OF TERMS
The terms of service set forth above shall constitute the entire understanding between Swaggable and each Member enrolled and participating in Swaggable. Use of Swaggable is governed by, and subject to, the legal notices contained in this Agreement. Your use of, or access to, Swaggable constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
Effective Date: This Agreement is effective and was last updated on December 3rd, 2011.