Terms of Use

Description of Services

SwapMo (“Website”) provides its registered members with the ability to store personal digital content, including images, music and audio files (“Content”), which members own or to which they have the necessary rights in order to store and share user content via the Website. Registered members may in the future order, via the Website or via partner Websites, music albums, prints, photographs, and similar items that incorporate private or publicly available content.

SwapMo provides a free version of our mobile media creation software tool (“Software”), which allows registered members to create content, such as ringtones, voicetones and mobile wallpaper. This content must be custom user created content, and/or content to which the members have rights to reproduce, store and share. Content may be deleted in order to comply with federal regulations. The deleted content may or may not be retrievable. SwapMo encourages members to maintain backup copies of personal content; we will not be liable to your for any modifications, discontinuation of services, or the loss of any content.

As a registered member, you agree that we may save or release user information and content if required to do so by law, or if we believe that such disclosure is reasonably necessary to: comply with legal processes; enforce these terms of use and privacy policies, or to respond to claims against copyright violations.

You also agree that you may not make commercial use of the Website or software. You may not, or attempt to or otherwise authorize, encourage or support others’ attempts to: re-engineer, decrypt, break or otherwise alter or interfere with the Website, software or any other related tools that SwapMo offers.

SwapMo makes all attempts to meet our registered members’ mobile delivery needs. Our software and Website may not be compatible with all mobile devices, carriers or operating systems. Please review our FAQ’s for details in regards to supported carriers, devices and software requirements.

Your Acceptance of Terms

By becoming a member or visiting SwapMo.com (the ‘Website’), which includes any of its related features and tools (mobile media creation software), you signify your agreement to: these following terms and conditions, SwapMo’s privacy policy, the end user license agreement, and the communities’ guidelines. If you do not agree to any of these terms, please do not use SwapMo.com.

In addition, by registering as a member, you agree to provide true, accurate, and complete information as requested by SwapMo. If we know or have reasonable grounds to suspect that your registration information is untrue, or inaccurate we may suspend or terminate your account, and decline present or future use of the website and related tools.

You are responsible for any activity that occurs within your account and profile. You must keep your username and password secure, and must notify SwapMo customer support immediately if you believe there has been a breach of your account.

We may modify or revise these Terms and at any time, and you agree to be bound to any modifications or revisions. We may attempt to notify you when changes are made to these Terms; you should periodically review the most up-to-date version.

You must be at least 14 years of age or older to register with SwapMo.com. We are committed to comply with federal law in regards to The Children’s Online Privacy Protection Act (http://www.coppa.org/). We do try but can not monitor all user created content provided by our members. We encourage adults/parents to monitor their computer and account access in order to block possible unwanted inappropriate content.

We will delete any account believed to be held by someone under the age of 14.

Your User Created Content and Comments

As a registered member of SwapMo you may upload, store and share content and user comments. You understand and acknowledge that SwapMo does not guarantee any confidentiality with respect to any user comments and content.

Also:

• You acknowledge that you are solely responsible for all content you submit to the Website or provide to the service.
  o You shall be solely responsible for your own comments and the consequences of posting them.
• You agree that you own or have the necessary licenses, rights, consents and permissions to use and authorize SwapMo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submitted content and comments, and to comply with all terms of services.
• SwapMo does not claim any ownership rights to user content that you choose to post and share to the Website, however, by submitting/uploading and sharing content and comments, you hereby grant SwapMo worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display all comments in within the Website and SwapMo’s successors’, affiliates, and partners without limitation for promoting and redistributing part of all of the Website in any media formats and through any media channels.
• You also grand each registered member of SwapMo non-exclusive license to access your shared content and comments through the Website, and to use, reproduce, distribute, display as permitted through the community guidelines, privacy policy and these terms of use.
• You understand that the licenses are granted by you even after you delete your shared content from the Website. You also understand and agree that SwapMo may retain and share with other registered members copies of your user content and comments that may have been deleted by you. The above licenses granted by you are perpetual and irrevocable.
• You provide your consent for SwapMo personnel, including contractors, consultants and service providers, to view your user created content at any time for the purpose of providing the service and filtering content that violates this agreement.
• You agree that you will adhere to the SwapMo community guidelines (see below), which may be updated from time to time.

SwapMo does not endorse any user comments, or permit copyright infringement on the Website, and will remove all content and user comments once properly notified that such content or comments infringes on another’s intellectual property rights. SwapMo reserves the right to remove user content and comments without prior notice.

Restrictions

You agree to NOT do the following while using SwapMo and any related tools:

• Use SwapMo’s name, trademark, URL or product name without SwapMo’s written consent
• Post, upload and share, email internally, etc, any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
• Post, upload and share content that contains software viruses or any other code (hidden or not), files or programs designed to: interrupt, overload, destroy, or limit the functionality of the Website and mobile media creation software.
• Probe, scan or breach the network.
• Collect, disperse or store personal data about members without their express permission.
• Resell or license the mobile media creation software or any other services/tools provide by SwapMo.

SwapMo Community Guidelines

As a registered user:

• Respect copyright. Only upload, store and share content that is personal to you, you have created or you have obtained the rights to use.
• Do not share pornography or sexually explicit content. Be advised that you have granted our team access to your personal profile; we will report any child exploitation.
• Do not share shocking graphics (turned into wallpaper) showing dangerous, illegal or violent acts, death, etc.
• Do not share vulgar or sexually explicit voicetones.
• Do not to post hate, malicious or sexually explicit comments. These comments will be promptly deleted.
• You will refrain from stalking, threatening, or harassing any other registered members of the community.
• We ask that you ‘Flag’ any inappropriate content or comments. Keep your community clean!

Any member violating these guidelines will be permanently banned from SwapMo.

Account Termination

SwapMo will terminate a registered users account and access to it Website if we determine that the member has violated these terms of use, privacy policies or community guidelines.

Digital Millennium Copyright Act – Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any user content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• 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 at a single online site are covered by a single notification, a representative list of such works at that site;
• 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;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  

SwapMo’s designated copyright agent to receive notifications of claimed infringement is: Christine Green, 6935 Rutherford Drive, Indianapolis, IN 46237. Fax: 317.215.4025.
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support should be directed to support@swapmo.com.
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  
  

Limitations of Liability

You understand that content is posted by registered members and that SwapMo has only limited control over the content and comments, etc. that is made available via the Website, tools and services. You understand that by using the Website, you may be exposed to this content. You acknowledge that SwapMo will not be liable for (a) content, including without limitation the subject matter of any content, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of delivering, and sharing of any content posted, emailed, transmitted, or otherwise made available via the Website, service or via the mobile media creation software; (b) the deletion, failure to store, mis-delivery, or untimely delivery of any information or material; (c) site unavailability or service interruptions; or (c) the defamatory, offensive, or illegal conduct or language of any registered user or third party visitor.
In no event shall SwapMo, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any: errors, mistakes, inaccuracies of content, site features and functionality, inability to deliver or send mobile media, or any errors or system crashing caused by installing, uninstalling, or executing the mobile media creation software tool.

SwapMo is operated from its headquarters within the United States of America. SwapMo makes no representations that its services will be available for use in other locations. Registered users who access and utilize the Website and software from other jurisdictions do so at their own choice and are responsible for compliance and local law.

Links to Third Party Sites

SwapMo and, supporting mobile media creation software and mobile delivery of affiliate or partner advertsing may contain links to third-party Websites or resources. You acknowledge and agree that SwapMo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SwapMo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. For the terms and conditions governing your use of partner or affiliate sites, refer to the terms of service governing those websites.
Indemnification

You agree to defend, indemnify, and hold harmless SwapMo and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out and from: your use of and access to SwapMo, the mobile media creation software, and any other tools associated with the Website. Your violation of any of these Terms of Services, including without limitation any copyright, property or privacy rights; or any claim that any of your user created content or comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of SwapMo.com and the software.

General

You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. SwapMo may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of SwapMo at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court should find that one or more rights or provisions contained in this Agreement are invalid, you agree that the remainder of the Agreement will be enforceable. This Agreement constitutes the complete and exclusive understanding and agreement between you and SwapMo regarding its Website, tools and services, and supersedes all prior and contemporaneous agreements or understandings relating to such.

If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Site, please contact us at: support@swapmo.com