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Welcome to Swizzle.fm, a service provided by Ideabove, Inc (“Swizzle.fm”, “we” “our”, or “us”). We are excited that you are interested in joining our online community, but first there are a few ground rules that will help to protect you and us in this community. Please read the following terms and conditions for our community before you use or submit any content in the community.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
If you download the mobile and/or desktop app, you are fully responsible for all activities that occur within the app. You must immediately notify Swizzle.fm of any unauthorized uses of your app or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you create an account on Swizzle.fm you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Swizzle.fm of any unauthorized uses of your account or any other breaches of security. Swizzle.fm will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You, the user, so long as you are a member of our online community, have a right to access the content provided by and through the Swizzle.fm community. You also have a right to post and submit content by and through the Swizzle.fm community; however, such posts and submissions are subject to the Swizzle.fm user guidelines. If such material is found to be contrary to the user guidelines, it shall be removed or deleted without prior notice. By submitting your own content you also authorize Swizzle.fm to use all patent, trademark, trade secret, copyright and any other proprietary rights in your submission; however you shall retain ownership rights in your posts and submissions to the Swizzle.fm community. It shall also be understood that through the creation of the posts or content submission, you have expressly given Swizzle.fm a license to, without limitation, use, reproduce, distribute, prepare derivative works of, display, and perform your content in relation to the Swizzle.fm’s online community service, as well as any of Swizzle.fm’s business matters and functions. The above licenses granted in the content and posts submitted by you shall be perpetual and irrevocable.
You shall be solely responsible for your own content submissions and the consequences that may accompany them. Further, it shall be understood that with each one of your submissions that you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use such content in your submissions. In your use of our Swizzle.fm community, you must agree to abide by all additional copyright notices or restrictions that are contained on our site. It is also your responsibility to ensure that all of your posts and content submissions are not contrary to our user guidelines.
Our Swizzle.fm website, which includes all texts, pictures, videos, and music content contained on the website, is protected as a copyrighted work as a collective work or compilation under the intellectual property laws of the United States of America and other countries. Thus, we shall have all rights therein, subject to other related agreements created by us. All individual articles, blogs, videos, content and other elements that comprise our site, which are not explicitly mentioned are also protected as copyrighted works. Thus, we shall have all rights therein, subject to other related agreements created by us. Further, we shall have a perpetual, irrevocable license in the posts and content submitted by the user for the advancement of its service, business interests, and any other purposes seen fit at its sole discretion. We reserve the right to remove user content at any time, without prior notice or justification at its sole discretion.
In addition, we have not reviewed, and cannot review, all of the material, including computer software, made available through the Services and webpages to which Swizzle.fm links / from which Swizzle.fm sources content, and that link to Swizzle.fm. Swizzle.fm does not have any control over those non-Swizzle.fm Services and webpages, and is not responsible for their contents or their use. By linking to a non-Swizzle.fm Service or webpage, Swizzle.fm does not represent or imply that it endorses such Service or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Swizzle.fm disclaims any responsibility for any harm resulting from your use of non-Swizzle.fm Services and webpages.
Ideabove has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is our policy to honor all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. If you believe that any content residing on or accessible through the Company infringes a copyright, please send a notice of copyright infringement by facsimile, regular mail, or e-mail to the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent"). The address of the Designated Agent is listed at the end of this policy.Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through Company's websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of all 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 the service provider to locate the material. Please provide us with at minimum a URL to each work that is claimed to be infringing;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at firstname.lastname@example.org.
Intellectual Property.This Agreement does not transfer from Swizzle.fm to you, any Swizzle.fm or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Swizzle.fm. Swizzle.fm, the Swizzle.fm logo, and all other trademarks, service marks, graphics and logos used in connection with Swizzle.fm, or the Service are trademarks or registered trademarks of Swizzle.fm or Swizzle.fm's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Swizzle.fm or third-party trademarks.
Changes.Swizzle.fm reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Swizzle.fm may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination.Swizzle.fm may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Swizzle.fm account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.OUR SERVICE IS PROVIDED ON AN “AS IS” BASIS. THE USE OF OUR SERVICES SHALL BE AT YOUR SOLE RISK AND TO THE FULLEST EXTENT THAT IS PERMITTED BY LAW. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, OR THE CONTENT PROVIDED BY ITS USERS, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT. WE DO NOT ASSUME AND LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY KIND THAT RESULTS FROM YOUR ACCESS AND USE OF OUR SERVICES. WE ARE ALSO NOT LIABLE OR RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS OR USE TO OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL OR FIANCNAIL INFROMATION CONTAINED THEREIN. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INTERRUPTION OR SERVICE TERMINATION OR THE CONSEQUENCES OF SUCH INTERRUPTION OR TERMINATION. WE SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY TECHNICAL ISSUES SUCH AS BUGS, TROJAN HORSES, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH OUR SERVICE OR THROUGH LINKS TO THIRD-PARTY WEBSITES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER FORM OF ADVERTISING. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY VENDORS FOR THE PURCHASE AND SALE OF GOODS AND SERVICES.
Limitation of Liability.We reserve the right to cancel, discontinue, suspend, modify, terminate, or alter our online service at our sole discretion. Should any of the above actions be taken by us, we shall not be held responsible to the user for the consequences that such actions may incur. In no event will Swizzle.fm, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Swizzle.fm under this agreement during the twelve (12) month period prior to the cause of action. Swizzle.fm shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
In addition, our website may contain links to third party websites, which are not owned by, controlled by or affiliated with us. We do not have any control over, and also assumes no responsibility for, the content, privacy policies, or practices of any third party websites, thus should you access such links, you do so at your own risk. The presence of these third-party links in the online community shall in no way serve as an endorsement, sponsorship, or other affiliation to the third-party website and the content contained therein. We, as an online service provider, shall not be held responsible or liable for the comments, opinions and material on the website that has been posted or created by its users and/or third-parties. Those comments, opinions, and other material shall be the sole responsibility of the party who posted said material.
Indemnification.You agree to indemnify and hold harmless Swizzle.fm, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Ideabove, Inc ("Ideabove") respects your privacy and recognizes the need for appropriate protection and management of your personal information, such as your name, email address and any other personally identifiable information you may provide to us. None of this information is currently required to utilize our service, though certain components of our service may require registration.
Swizzle.fm does not sell, trade or rent your personal information to marketers. We may use your personal information to contact you from time to time regarding updates to our policies, upgrades to our software, or other information that we feel may be of interest to you.
Although we do not sell, trade or rent your information, we may release personal and/or non-personal information about you when you request us to do so. In addition, your information may also be accessed by our employees as necessary to provide customer support and troubleshoot problems.
We may also release personal and non-personal information when we believe release is appropriate to comply with the law, to enforce or apply our Terms of Service and other agreements, or to protect the rights of Swizzle.fm or others. Information collected about you is protected in several ways. Access by you to your personal information if you sign up for an account is available through a password and unique user ID. We recommend that you do not divulge your password to anyone and change it often.
Your personal information resides on proprietary and secure servers. Only selected Swizzle.fm personnel and contracts have access to it via password.
At any time, you may request to view or update the personal information that is associated with your account and stored by Swizzle.fm. You may also request that we delete all personal and/or non-personal information that we have collected about you. We will promptly fulfill your request and provide you confirmation when the information has been deleted.