Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING SWIFTPEN WEB
SERVICE. ANY USE OF SWIFTPEN WEB SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE
BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, DO NOT PROCEED.
Purpose of Agreement
Swiftpen Web Service is subject to the following Terms of Service. Service is
provided only to persons who are above 13 years of age. By using the service
you represent that you are 13 years or older.
Description of Service
Swiftpen allows users to manage their weblogs. You may connect to weblogs,
compose and edit your weblog posts, upload files. You may connect to the
service using any Internet browser. You are responsible for obtaining access
to the Internet and the equipments necessary to use Swiftpen. You are
responsible for the contents of your Account and Account information and
Swiftpen shall not be responsible for deletion, failure to store or
unauthorized access to the contents of your Account. The Сontent transferred
to Account owner's weblogs is created by persons over whom Swiftpen does not
exercise any control and Swiftpen does not assume responsibility for the same.
Modification of Terms of Service
These Terms of Service may be modified at any time. These modifications may
include, without limitation, payment for the Service. You will be provided
notice of any such modification by electronic mail or by publishing the
changes on the Swiftpen website and/or blog. Your continued use of the Service
after notice of any change to the Terms of Service will be deemed to be your
agreement to the amended Terms of Service.
Member Registration Obligations
In consideration of your use of the Service, you agree to: a) provide true,
accurate, current and complete information as prompted by the registration
Process; and b) maintain and promptly update your registration data to keep it
true, accurate, current, and complete.
You must be a human. Accounts registered by “bots” or other automated methods
are not permitted.
Personal Information and Privacy
Personal information you provide is governed by Swiftpen Privacy Policy and
applicable laws related to personal information. Your election to use the
Service indicates your acceptance of the terms of the Privacy Policy.
You are responsible for
maintaining the confidentiality of your account information and other
sensitive information. You are responsible for all activities that occur in
your account and you agree to notify Swiftpen administrators immediately of
any unauthorized account use at
support@swiftpen.com. Swiftpen
administrators are in no way responsible for any loss or damage to you or to
any third party incurred as a result of any unauthorized access and/or use of
your account.
Swiftpen newsletter and other emails
Sometimes you might receive an email from Swiftpen administrators, such as
service announcement, administrative message or a newsletter. You understand
that these emails shall be considered part of using the Service. As part of
our policy to provide you total privacy, we also provide you the option of
opting out from receiving mails from us. However, this may prevent us from
providing effective service to you.
Spamming and illegal activities
You agree to be solely responsible for the contents of your transmissions
through the service. You agree not to use the services for illegal purposes or
for the transmission of material that is unlawful, harassing, libelous,
invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable, contains viruses, or that infringes or may
infringe the intellectual property or other rights of another. You agree not
to use the service for the transmission of "junk mail", "spam", "chain
letters", or unsolicited mass distribution of email. Swiftpen administrators
reserve the right to terminate the service if they believes that you have used
the services for any illegal or unauthorized activities.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. SWIFTPEN
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SWIFTPEN MAKES NO
WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS
FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE
SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS
DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY
SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY
YOU FROM SWIFTPEN, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWIFTPEN
BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR
OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF SWIFTPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SWIFTPEN RELATED TO THE
SERVICE SHALL BE CANCELLATION OF THE SERVICE. The exclusion or limitation of
liability for consequential or incidental damages may not apply to you if your
state does not permit such exclusion or limitation of liability.
Termination
You agree that Swiftpen administrators may terminate your Member Account and access to the Service for reasons including, but not be limited to, breaches or violations of these Terms of Service or the Swiftpen Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Service, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.
Also Swiftpen reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Copyright and Content Ownership
The look and feel of the Service is copyright. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Swiftpen administrators.
You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission from Swiftpen administrators.
You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at support@swiftpen.com