Terms of Use

Introduction

Welcome to SWYMhome! Thank you for choosing SWYM. By using one of our websites ("Site"), you agree to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and SWYM, LLC (“SWYM”), provider of the Site, in your use of the Site. The terms "Provider" or "us" or "we" refer to the owner of the Site, SWYM. The term "you" refers to the user or viewer of our Site. The term “using our site” includes, but is not limited to, viewing SWYMhome and/or doing any sort of project added to SWYMhome or any projects inspired by SWYMhome.


Please read all the Terms of Use before proceeding to use our site. By doing so, you keep both you and Provider safe. If you do not agree with these terms and conditions, do not use this website. Additionally, by accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link http://www.swymhome.com/privacy-policy . By having an account on SWYM or using projects from SWYM, you agree to follow any rules, and/or guidelines that Provider chooses to have. Provider holds complete authority to suspend or terminate any accounts.


User Restrictions and Responsibilities



In order to have an account on the Site, you must be at least 13 years of age. If you are a minor, you must have explicit permission from a parent/legal guardian before proceeding to use the Site. By using the Site, you agree that you are at least 13 years of age and if you are a minor you have consent from a parent/legal guardian.


The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Provider and/or other parties. You are prohibited from using any Marks for any purpose including, but not limited to, using as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or the third party which may own the Marks. All information and content of the Provider located on the Site is protected by copyright. As concerning Provider content only, you are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of, or using any Provider content available on or through the Site for commercial or public purposes. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.


You have the exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.


Data Guarantee



This Site may provide links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a Linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. Relying upon, using or retrieving any information found on the internet has inherent risks. Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.


Provider does not guarantee every piece of data uploaded to the Site. Provider relies on users to report any invalid/unnecessary data. Provider includes links to other sites for your convenience but is not responsible for any material/harm that can be found at any Linked Sites. Provider also does not take any responsibility whatsoever for the validity of these sites. Provider has no power over any information found on these sites and does not make any claim that the information provided is truthful or factual. If Provider finds that a site provided on the Site is wrong/not factual, Provider will remove the website if/when Provider deems necessary.


Unless otherwise specifically stated, all content, products and services on the Site, or obtained from a Linked Site are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy.


Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice, or statement made through the Site by any party other than Provider, (b) any content provided on Linked Sites, or (c) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information, product, or service obtained through or from a Linked Site. You have the responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Site, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.


The information, software, products, and descriptions of services published on the Site or a Linked Site may include inaccuracies or typographical errors. Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time. By using this site, you agree that you will not do any of the following, including but not limited to, add any sexually explicit material (such as any image, video, text, etc.), make any comments that are either offensive to others or that are hateful, use vulgarity or other coarse language, or upload or use any sort of malicious computer software (including, but not limited to, spyware, computer virus, Trojan horse, worm, etc.). If Provider determines you have done any of these prohibited actions, Provider has the complete authority to terminate your account without warning.


Provider displays advertisements on the Site in lieu of charging users. By using the Site, you agree to not use ad block or any other software/freeware which removes ads. Provider reserves the right to require users to pay to have accounts.


Termination and Liability Policies



The Provider may terminate your access to the Site without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. Upon termination to the Site, any private projects will be deleted and any public projects will be transferred to a Provider- maintained account. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.


You agree that Provider, its affiliates, and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability, or otherwise, for any indirect, punitive, special, consequential, incidental, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a Linked Site, or with the delay or inability to use the Site or a Linked Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted, or secure access to the Site.


The Provider may contract with other companies or individuals in order to provide services. You agree that the Provider cannot be held liable for any actions or inactions of any contractor used by the Provider in connection with providing services.


These Terms of Use and other referenced material are the entire agreement between you and the Provider with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Provider with respect to the Site and govern the future relationship regarding your use of the Site. You may choose to enter into a separate contract or proposal for production of goods or services with the Provider as a result of your use of this Site, and, if so, the terms of that contract or proposal, to the extent they differ from these Terms of Use, will be controlling. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

By using this Site, you agree to be careful and prudent in all of your actions associated with the Site's use. You recognize there may be risks associated with using the Site, and agree to assume all such risks. You further agree to indemnify, defend and hold harmless the Provider from any liability related to any damage or injuries you or a third party may suffer as a direct or indirect result of your use of the Site.

Without limitation on any of our other rights or remedies at law, in equity, or under these Terms, Provider may terminate your access to the Site, in whole or in part, including your right to use any Products. If Provider determines, in its sole discretion, that you have breached or violated any of the provisions of these Terms, Provider is under no obligation to provide any refund or to cancel your obligation to make installment payments where applicable. Breach or violation of the provision of the Terms includes, but is not limited to, any rude, harassing, or other damaging statements made on any of the Provider’s websites directed to any other customers of the Provider or other users of the Site.


Dispute Resolution



Provider encourages the Site to be a safe place for users/owners to work. Conflict resolution is an essential part of that ideal. Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the State of Idaho, United States of America and applicable federal law without regard to conflicts of laws principles. You agree that you will first attempt to resolve any concern or issue with the Provider or with the use of this website by communicating fully your concern with the Provider. Should communication with the Provider not resolve your concern or issue, you agree to submit your concern or issue to the courts of the State of Idaho, Ada County, within one year of the dispute arising. You also agree that the successful party in any court action will be entitled to payment of its reasonable attorney fees involved in reaching a final order.


Conclusion



Thank you for your cooperation. The Site is made by and for users. Provider strives to ensure each user has the opportunity to enjoy this community-driven site. These Terms of Use are put in place to not only protect Provider, but to also protect the users so SWYMhome can thrive for years to come and become something truly great.