Swipe Out Hunger: Terms and Conditions
Last Updated: February 21, 2019
These Terms and Conditions (the “Agreement”) govern your use of Swipe Out Hunger’s (“Swipe Hunger,” “we,” “our” or “us”) website located at http://www.swipehunger.org/ and any successor URLs (the “Website”) and all content, materials, services and products available at or through the Website (collectively with the Website, the “Service”), and is binding on all persons or entities accessing the Service (the “users” or “you”). Subject to your compliance with this Agreement, Swipe Hunger grants you permission to use the Service as set forth below.
We reserve the right to change or amend this Agreement from time to time without notice. All changes shall be effective upon posting. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. We may terminate, suspend, change or restrict your access to all or any part of the Service without cause, notice, or liability.
A. ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD
- Eligibility. The Service is not intended for persons under the age of 18. By using the Service, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Service. If you are using or registering an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to this Agreement, and that you agree to be bound by this Agreement on behalf of such Subscribing Organization.
- Registered Account. In order to access some features of the Service, you will have to create an account. You represent and warrant that the information you provide to Swipe Hunger upon registration and, at all other times, will be true, accurate, current and complete. You also represent and warrant that you will maintain and promptly update the personal information you provide to keep it true, accurate, current and complete at all times. If you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for logging off of the Service at the end of each session. You agree to accept responsibility for all activities that occur under your account or password or that are taken in connection with your account. You agree to immediately notify Swipe Hunger at Team@SwipeHunger.org of any known or suspected unauthorized use(s) of your password or account, or any known or suspected security incidents, including, without limitation, loss, theft or unauthorized disclosure of your password or credit card information. You may be liable for the losses incurred by Swipe Hunger or others due to any unauthorized use of your account, and Swipe Hunger will not be liable for any injury, loss or damage of any kind arising or relating to: (i) your failure to comply with this Agreement and/or (ii) any act or omission by you or someone else who is using your account and/or password.
B. DONATION PAYMENT
The Service may permit you to make donations. You may provide either a one-time donation amount or a specified amount to be donated every month on a recurring basis (any such amount, the “Donation Amount.”) By agreeing to and submitting a Donation Amount to Swipe using the Service, you authorize us or our third-party payment processor to initiate a debit in the amount, at the time and at the interval (if applicable) directed by you. If you agree to donate on a monthly basis, you may cancel this authorization at any time by emailing us at Team@SwipeHunger.org. All Donation Amounts are in U.S. dollars and are non-refundable.
C. USE OF THE SERVICE – PERMISSIONS AND RESTRICTIONS
Service Access. We grant you permission to use the Service only for the purposes permitted by us, as set forth in the Terms, and in accordance with applicable law, regulations and generally accepted online practices and guidelines. Further, you are permitted to use the Service only provided that and so long as: (i) you use the Service solely for your personal, private, noncommercial use unless otherwise agreed to in writing by Swipe Hunger; (ii) you do not download, reproduce, redistribute, retransmit, publish, resell, publicly display or otherwise exploit any portion of the Service in any medium without Swipe Hunger’s prior written authorization or unless expressly permitted in this Agreement; (iii) you do not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purposes; (iv) you do not engage in any of the prohibited uses described in Section G below; and (v) you otherwise fully comply with the Terms. You understand that certain portions of the Service may not be accessible to all users, including but not limited to our online community. Swipe Hunger reserves the right to terminate or suspend your account, deny you permission to access the Service or deny you permission to register an account for any or no reason.
- Ownership; Proprietary Rights. As between the parties, the Service, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and all other elements of the Service are owned and operated by Swipe Hunger, its affiliates and/or its licensors. Nothing contained herein should be construed as granting, by implication or otherwise, any license or right to use any trademarks, service marks, logos or design elements displayed in connection with the Service, except to provide attribution as specified herein, without the express written permission of Swipe Hunger or any third party that may own such marks displayed. Except as expressly authorized by Swipe Hunger, you agree not to sell, license, distribute, copy, publicly perform or display, transmit, edit, adapt, modify, create derivative works from, or otherwise make unauthorized use of the Service. Swipe Hunger reserves all rights not expressly granted in the Agreement. User shall not acquire any right, title, or interest to the Service, except for the limited rights set forth in the Agreement. All trademarks, service marks, and trade names are proprietary to Swipe Hunger, its affiliates and/or its licensors and may not be exploited without the express permission of the owner of such marks or as otherwise authorized under the Agreement.
D. PRIVACY; ADDITIONAL TERMS
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, and guidelines applicable to the Service as well as certain features that we may post on or link to the Service (the “Additional Terms”), including end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Service. Unless otherwise noted, all Additional Terms are incorporated by this reference into, and made a part of, the Terms.
E. CONSENT TO BE CONTACTED
You hereby expressly consent to be contacted by us in any way, including short message service (“SMS”) messages (including text messages) and calls and messages delivered using an automated telephone dialing system or an automated texting system at the telephone number provided by you in connection with the Service, any other number subsequently provided by you, or any number at which we reasonably believe we can reach you. You consent to receive SMS messages (including text messages), calls and messages (including autodialed calls) from us, our agents, representatives, affiliates or anyone calling on our behalf, for any purpose in connection with the Service. You represent that you are the owner or authorized user of any telephone number you provide. You represent that you are permitted to receive calls and/or messages at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
You understand and acknowledge that your carrier may charge fees for communications via text messaging, internet or telephone. Any and all fees are your sole responsibility. You also understand and agree that consent is not required as a condition of receiving credit.
You may revoke your consent to receive communications via text at any time by texting "STOP" in response to the SMS received or by emailing us at Team@SwipeHunger.org.
F.USER SUBMITTED CONTENT
1. General. The Service may provide certain features which enable you and other users to submit, post, share and distribute content with other users, which may include without limitation text, drawings, graphic, audio, video and pictorial works, or any other content submitted by you and other users through the Service (“Submitted Content” or “User Content“). You understand that all Submitted Content is the sole responsibility of the person from whom such content originated. This means that you, and not Swipe Hunger, are entirely responsible for all Submitted Content and the consequences of uploading, posting or publishing it on the Service.
2. Right to Remove or Edit User Submissions. Swipe Hunger reserves the right, in its sole discretion, to refuse to allow any Submitted Content on the Service or to edit or remove any Submitted Content at any time with or without notice. You hereby consent to the removal of any Submitted Content we may choose to remove, and you consent to waive any claim against us. We are not responsible for any delay in or failure to removing any content.
3. Grant of Rights by You to Swipe Hunger. By providing Submitted Content to Swipe Hunger, you hereby grant Swipe Hunger and its affiliates a worldwide, nonexclusive, fully paid-up, royalty-free, irrevocable, transferable, perpetual license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your Submitted Content in connection with the Service and Swipe Hunger’s (and its successors’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant Swipe Hunger, its affiliates, and sublicensees the right to use the name that you submit in connection with such Submitted Content if we or they choose. You also hereby grant to each user of the Service a nonexclusive license to access your Submitted Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted by the functionality of the Service and this Agreement.
4. Your Representations and Warranties Regarding Submitted Content. In connection with your Submitted Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents and permissions to use and authorize Swipe Hunger to use, all patent, trademark, copyright, or other proprietary rights in and to any and all of your Submitted Content to enable inclusion and use of such Submitted Content in the manner contemplated by Swipe Hunger and the Agreement, and (ii) your Submitted Content, Swipe Hunger’s use of such Submitted Content pursuant to the Agreement, and Swipe Hunger’s exercise of the license rights set forth under the Agreement do not and will not: (a) infringe, violate or misappropriate any intellectual property or third-party proprietary right (including but not limited to any copyright, trademark, patent, trade secret or moral right); (b) slander, defame, libel or invade the right of privacy, publicity or any other third-party right; or (c) violate any applicable law or regulation.
5. Submitted Content Disclaimer. You understand that when using the Service, you may be exposed to Submitted Content and other third-party content that is inaccurate, offensive, indecent or otherwise objectionable. Swipe Hunger does not endorse any Submitted Content or any opinion, recommendation or advice expressed therein. Under no circumstances will Swipe Hunger be liable in any way for or in connection with the Submitted Content, including, but not limited to, liability for any inaccuracies, errors or omissions in any Submitted Content, any intellectual property infringement with regard to any Submitted Content or for any loss or damage of any kind incurred as a result of the use of any Submitted Content. You agree that you must evaluate and bear all risks associated with the use of any Submitted Content, including any reliance on the accuracy, completeness, usefulness or legality of such content or accurate identification of the author (and/or their affiliation with any third party).
6. Submissions. If you send comments, suggestions, ideas, feedback, notes or concepts or other materials to Swipe Hunger (collectively, “Submissions”), they shall be deemed, and shall remain, the property of Swipe Hunger and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in your Submissions to Swipe Hunger, and the disclosure or offering of any Submission shall constitute an assignment to Swipe Hunger of all worldwide rights, title, and interest in all copyrights and other intellectual property rights in such Submission. Swipe Hunger may edit, copy, publish, distribute, translate and otherwise use in any medium any Submission that you forward to Swipe Hunger and will own exclusively all such rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise, of your Submission. Swipe Hunger is and shall be under no obligation to: (i) maintain any of your or any user’s Submission in confidence; (ii) pay to you or any user any compensation for any Submission; or (iii) respond to any of your or any other user’s Submission.
G. RULES FOR USE OF THE SERVICE
As a condition of your use of the Service, you hereby represent and warrant that you will not use the Service for any purpose that is unlawful or prohibited by the Agreement.
Any use by you of the Service or any portion thereof other than for private, noncommercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of the Service, use of the Service, access to the Service or Submitted Content obtained through the Service for any purpose other than for your personal, private, noncommercial purposes. You agree not to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
You agree not to:
(i) defame, harass, abuse, threaten, stalk or defraud users of the Service;
(ii) collect, or attempt to collect, personal information about other users or third parties without their consent;
(iii) engage in any discrimination on the basis of race, religion, creed, national origin, disability, handicap, age, sexual orientation, marital status, veteran status or any other basis prohibited by law;
(iv) upload, submit or send to other users of the Service any pornographic, embarrassing, hateful, abusive, threatening, obscene, vulgar, profane, indecent, racially or ethnically insulting, libelous, fraudulent or otherwise inappropriate content;
(v) engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling, etc.;
(vi) intentionally interfere with or damage, impair or disable the operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code;
(vii) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service or features that enforce limitations on the use of the Service;
(viii) attempt to gain unauthorized access to the Service, or any part of it (including the online community), other accounts, computer systems or networks connected to the Service or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper workings of the Service or any activities conducted through the Service;
(ix) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
(x) modify the Service in any manner or form, or use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service;
(xi) use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
(xii) utilize framing techniques to enclose any trademark, logo or other materials on the Service without our express written consent, or use any meta tags or any other “hidden text” utilizing Swipe Hunger’s name or trademarks without our express written consent;
(xiii) make unsolicited offers, advertisements, proposals or send junk mail or spam to other users of the Service (this includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures);
(xiv) solicit other users to join, become members of, or contribute money to any online service or other organization; advocate or attempt to get users to join in legal or illegal schemes; plan or participate in scams involving other users; or encourage or provide instruction about illegal activities;
(xv) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(xvi) modify, adapt, translate or create derivative works based upon the Service or any portion thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(xvii) perform fraudulent activity, including impersonating another person or entity, or falsely claiming or otherwise misrepresenting your affiliation with another person or entity, or falsifying your age or date of birth; or
(xviii) use any material or information available through the Service in connection with any site or other use that contains or is associated with information or content prohibited by the Agreement.
H. YOUR RELATIONSHIP WITH THIRD PARTIES
- Third-Party Services and Third-Party Materials. Swipe Hunger may provide tools through the Service that enable you to import or export information, including User Content, from or to third-party services, including through features that allow you to link your account on Swipe Hunger with an account on the third-party service, such as LinkedIn, or through our implementation of third-party buttons (“Linked Services”). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites or may provide third-party materials, media, content, software, services or applications on the Service (collectively with the Linked Services, the “Third-Party Materials”). Swipe Hunger has no control over such Third-Party Materials, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third-Party Materials. Swipe Hunger provides links and/or Third-Party Materials to you only as a convenience, and the inclusion of any link or Third-Party Materials on the Service does not imply our affiliation therewith, or endorsement or adoption thereof. Access and use of Third-Party Materials, including information, materials, products and services, is solely at your own risk. Our terms and policies do not govern your use of any site other than the Service. You should review applicable terms and policies, including the privacy and data-gathering practices, of any Third-Party Materials.
- User Disagreements. You are solely responsible for your involvement with other users of the Service. Swipe Hunger reserves the right, but has no obligation, to monitor disagreements between you and other users. Swipe Hunger disclaims all liability related to any user disagreement. If you have a dispute with one or more users, you irrevocably and forever release Swipe Hunger (and Swipe Hunger’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- By Swipe Hunger. You agree that Swipe Hunger, in its sole discretion and for any or no reason, may limit, suspend or terminate any account (or any part thereof) you may have through the Service or limit, suspend or terminate your use of the Service, and may remove and discard all or any part of your account or any Submitted Content or any information stored, sent or received via the Service, at any time and without prior notice. You further agree that Swipe Hunger shall not be liable to you for any such suspension or termination. These remedies are in addition to any other remedies Swipe Hunger may have at law or in equity, and termination, suspension or cancellation of the Terms (including the Agreement) or your access rights shall not affect such remedies. Upon termination of the Terms (or Agreement), all rights granted to you will automatically terminate and immediately revert to Swipe Hunger and its licensors.
- By User. If you are dissatisfied with the Service, please let us know at Team@SwipeHunger.org. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the Service; (ii) any term of the Terms; (iii) any policy or practice of Swipe Hunger in operating the Service; or (iv) any content or information transmitted through the Service is to no longer use the Service. You may terminate the Terms at any time by closing your account, discontinuing your use of any and all parts of the Service and providing notice of termination at Team@SwipeHunger.org.
J. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe any content posted on the Website infringes your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to us at the address below in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).
Swipe Out Hunger
555 W. 5th Street, Floor 35
Los Angeles, CA 90013
Subject: Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act
For clarity, only DMCA notices should be delivered in accordance to this Section J. You acknowledge that if you fail to comply with all of the requirements of this Section J, your DMCA notice may not be valid.
K. WARRANTY DISCLAIMER
THE SERVICE MAY CONTAIN TECHNICAL ERRORS, TYPOGRAPHICAL MISTAKES OR OTHER INACCURACIES. WE DO NOT UNDERTAKE THE RESPONSIBILITY TO UPDATE OR AMEND THE SERVICE OR TO PROVIDE SUPPORT FOR YOUR USE OF THE SERVICE. THE SERVICE IS PROVIDED AS-IS, WITHOUT ANY WARRANTY AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ANY WARRANTY THAT THE SERVICE IS ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Furthermore, you understand and agree that: (i) any content downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and (ii) no information, whether expressed, implied, oral or written, obtained by you from us or our affiliates or through the Service we provide shall create any warranty, guarantee or conditions of any kind, except for those expressly outlined in this Agreement.
L. LIMITATION OF LIABILITY
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SWIPE HUNGER OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE SERVICE, OR ANY THIRD-PARTY WEBSITE TO WHICH THIS WEBSITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SWIPE HUNGER, ITS AFFILIATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. NEITHER SWIPE HUNGER NOR ITS AFFILIATES ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. IF YOUR USE OF MATERIALS FROM THIS SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT SWIPE HUNGER’S AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON OR THROUGH ANY THIRD-PARTY MATERIALS OR OTHERWISE BY THIRD PARTIES OTHER THAN SWIPE HUNGER AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU THROUGH ANY THIRD-PARTY MATERIALS.
- Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SWIPE HUNGER AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARTNERS, DONORS, CONTRACTORS, SUPPLIERS AND SUBCONTRACTORS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF: (I) YOUR USE OR MISUSE OF THE SERVICE; (II) YOUR SUBMITTED CONTENT, INCLUDING SWIPE HUNGER’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN OR OTHERWISE WITH RESPECT TO YOUR SUBMITTED CONTENT; (III) YOUR VIOLATION OF THE AGREEMENT OR ANY APPLICABLE LAW, RULE OR REGULATION; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY SUBMITTED CONTENT INFRINGES OR VIOLATES ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES AND COVENANTS; (VI) ANY MISREPRESENTATION MADE BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE; AND (VII) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY SWIPE HUNGER. SWIPE HUNGER RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF SWIPE HUNGER. SWIPE HUNGER WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
O. Dispute Resolution and Arbitration
- Generally. In the interest of resolving disputes between you and Swipe Hunger in the most expedient and cost-effective manner, you and Swipe Hunger agree that every dispute arising in connection with the Agreement will be resolved by binding arbitration. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE AGREEMENT, YOU AND SWIPE HUNGER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Arbitrator. Any arbitration between you and Swipe Hunger will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 800-778-7879.
- Location and Fees. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, CA, but if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules.
- No Class Actions. YOU AND SWIPE HUNGER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Swipe Hunger agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Enforceability. If subsection O.4 above is found to be unenforceable or if the entirety of this Section O is found to be unenforceable, then the entirety of this Section O will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section P will govern any action arising out of or related to the Agreement.
- Modification. Swipe Hunger reserves the right, at our sole discretion and at any time without notice, to change, modify, add or remove portions of the Agreement or to modify, add or discontinue any aspect, content or feature of the Service (including but not limited to the media, web communities, products or services available therein). Swipe Hunger may, in its sole discretion, restrict the time of availability of the Service, restrict the availability or scope of the Service for certain platforms and/or restrict the amount of use permitted. The content, products or services on the Service may be out of date, and Swipe Hunger makes no commitment to update these materials on the Service. Please check the Agreement periodically for changes. If a change to the Agreement materially modifies your rights or obligations, you agree to such change by accessing or continuing to use the Service. Any modification is effective upon publication. Disputes arising under the Agreement will be resolved in accordance with the version of the Agreement that was in effect at the time the dispute arose.
- Notice. Swipe Hunger may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Service. If Notice is by email or mail, it will be provided to the email or regular mailing address provided by you or that Swipe Hunger has on record, and it is your responsibility to update such information for any changes. Notice to you will be deemed given 24 hours after an email is sent and if through postal mail, 36 hours after the date of mailing. You may provide Swipe Hunger with notices only by mail or email to its address as provided below:
Swipe Out Hunger
555 W. 5th Street, Floor 35
Los Angeles, CA 90013
3. Choice of Law; Forum. The Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Without limiting Section N, to the extent any dispute under this Agreement is adjudicated in a court of law or equity arising out of or relating to the Agreement or the Service, such suit shall be filed only in the state or federal courts in and for Los Angeles, California. You hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
4. Severability. If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions
5. Assignment. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, without the express written consent of Swipe Hunger but may be assigned by Swipe Hunger without restriction. Any assignment attempt in violation of the Agreement shall be null and void.
6. Independent Contractor. You agree that no joint venture, partnership, employment or agency relationship exists between you and Swipe Hunger as a result of the Agreement or use of the Service. You further acknowledge that by transferring Submitted Content or other content to Swipe Hunger, no confidential, fiduciary, contractually implied or other relationship is created between you and Swipe Hunger other than pursuant to the Agreement.
7. Survival. Sections K, L, M, N, O and P will survive any termination of the Agreement or your account whether by you or by Swipe Hunger.
8. Waiver. No waiver of any provision or any right granted hereunder shall be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
9. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
10. Entire Agreement. The Agreement constitutes the entire agreement between you and Swipe Hunger relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in a writing, signed by both parties, or by a change to the Agreement made by Swipe Hunger as set forth in the Agreement.
11. Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE OR THE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Consent to Electronic Communications. By using the Service, you consent to receive certain electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.