Swiflie Terms and Conditions of Use

Section I - Definitions

1.1 - Services:

Welcome to the Swiflie.com website ("Site") and the Swiflie mobile application ("App").

1.2 - Notice:

You agree to accept and to be bound by these Basic Terms and Conditions of Use and the Privacy Policy. Please read this Notice carefully before using our Services. By viewing or otherwise using our Services, you are agreeing you are 13 or older and agreeing to be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and the Provider of the Services.

1.3 - Privacy Policy:

Access our Privacy Policy here. https://swiflie.com/privacy

1.4 - Changes:

We reserve the right to, in our sole discretion, change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our Site and changing the "last updated" date associated with this Notice. This Notice applies exclusively to your access to, interaction with, and use of, our Services and does not alter in any way the terms or conditions of any other agreement you might have with the Company or the provided Services. We encourage you to review our Notice each time you visit our site to check if it has been updated since your last visit. If you have any questions or comments regarding the use of the Site, please direct your questions or comments to support@swiflie.com.

1.5 - Company/Provider:

Red Bell Studio, LLC, a Washington limited liability company, is the owner and Provider of these Services. The Company’s registered office is located at 8201 164TH AVE NE # 200, Redmond, WA 98052. The Company is also referenced as "us" or "we" or "our" within this Notice.

1.6 - User:

You are the User if you are a subscriber, or you view, interact with, or purchase our Services. The User is also referenced as "you" or "your" within this Notice.

1.7 - Submitted Item:

Any post, photograph, image, GIF, video, "favorites" list, comments, feedback, postcards, suggestions, notes, and other information, content or material, or other item that you or your agents disclose, email, fax, offer, text, or post to the Site, App or the Company.

1.8 - Third Party Posted Information:

We do not endorse, verify or guarantee the validity of any material or information posted through our Services by other parties.

Section II – Use of Services.

The use of our Services is subject to the following terms of use:

2.1

The content of the pages of the Site and App is for your general information and use only. It is subject to change without notice.

2.2

Your use of any information or materials on the Provider Site and App is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Services meet your specific requirements. To the extent allowable by law, neither Company, Site, App, nor any other party involved in creating, producing, or delivering our Services is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, our Services. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or App, or your downloading of any materials, data, text, images, video, or audio. The Site or App does not verify the accuracy of, endorse or guarantee the validity of any material or information posted by other parties through our Services. WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEB SITE OR THAT INFORMATION PROVIDED IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

2.3

By offering Submitted Items through or Services, either online or offline, whether or not solicited by the Company, the Site, or the App, you hereby grant to the Company, the Site and the App an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party. You hereby represent and warrant (A) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (B) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at the Company’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by the Company to effect, perfect, and confirm the license granted to the Company to your Submitted Item as set forth herein. Publication or use of any Submitted Items is at the sole discretion of the Company and the Company is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Site, the App, or otherwise used by the Company, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant the Company the right to use your name in connection with the publication, use or posting of your Submitted Item.

2.4

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

2.5

You agree to indemnify, defend and hold us, our subsidiaries and affiliates, and their respective officers, directors, owners, agents, information providers and licensors (individually, the "Indemnified Party" or collectively, "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of this Notice, or in connection with any content you post through our Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

2.6

The Site, App and Company uses third party service providers. By making use of some or all of our Services, you hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Third Party Service Provider(s) to the extent required to provide the Services to you.

2.7

The Site and Company does not receive or process payments.

2.8

This Site uses the following Third Party Providers: Microsoft’s Visual Studio Mobile Center, Google Analytics, Google Cloud Platform, Facebook Account Kit and MixPanel. By using our Services, you agree to abide by the Terms of Service and Privacy Policies of our Other Service Providers, which can be found at the following addresses:

Microsoft Visual Studio Mobile Center:
https://mobile.azure.com/terms
https://www.microsoft.com/en-us/privacystatement/OnlineServices/Default.aspx

Google Cloud Platform:
https://cloud.google.com/terms/
https://www.google.com/intl/en/policies/privacy/

Google Analytics:
https://www.google.com/analytics/terms/us.html
https://www.google.com/intl/en/policies/privacy/

MixPanel:
https://mixpanel.com/terms/
https://mixpanel.com/privacy/

Facebook Account Kit:
https://www.facebook.com/terms/
https://www.facebook.com/about/privacy/

GfyCat:
https://gfycat.com/terms
https://gfycat.com/privacy

Giphy:
https://giphy.com/terms
https://giphy.com/privacy

2.9

Our Services may provide links to other sites by allowing you to leave our Site or App to access third-party material or by bringing third-party material into our Site or App via "inverse" hyperlinks and framing technology (a "Linked Site"). Neither the Site, the App, nor the Company has no discretion to alter, update, or control the content on a Linked Site. The fact that the Site or App 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. There are inherent risks in relying upon, using or retrieving any information found on the internet, and the Company urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.

2.10

All content, products and services on the Site and the App, or obtained from a website or application to which our Services are linked (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. THE COMPANY DOES NOT REPRESENT OR WARRANT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.

2.11

The Company does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site or the App by any party other than the Company, (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 the Company be liable for any loss or damage caused by your reliance on information obtained through the Site, the App or a Linked Site, or your reliance on any product or service obtained from a Linked Site. It is your 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.

2.12

The information, software, products and descriptions of services published on the Site, the App or a Linked Site may include inaccuracies or typographical errors, and The Company specifically disclaims any liability for such inaccuracies or errors. The Company does not warrant or represent that the content on the Site or the App is complete or up-to-date. The Company is under no obligation to update the content on the Site or the App. The Company may change the content on the Site or the App at any time without notice. The Company may make improvements or changes to tour Services at any time.

2.13

You agree that the Company, its affiliates and any of their respective officers, directors, members, 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 our Services or a Linked Site, or with the delay or inability to use the Site, the App or a Linked Site, even if the Company 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. The Company cannot and does not guarantee continuous, uninterrupted or secure access to the Site or the App.

2.14

It is your 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 the Company of any unauthorized uses of your user name and password or any other breaches of security. The Company 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.

2.15

We reserve the right to remove without notice any content, post or submission to our Site or App that does not comply with our Community Standards, which can be found at: https://swiflie.com/rules By using our Services, you agree to comply with these Community Standards, and as they may be amended from time to time, and your failure to do so may result in the deletion of your account and the permanent prohibition from future use of our Services.

Section III – Dispute Resolution

3.1

In the event of disputes resulting from the use of our Services, the parties will first consult together with a view to resolve the dispute amicably.

3.2

If the parties are unable to resolve a dispute amicably, it will be referred to the Superior court in King County, Washington.

3.3

Your use of our Services and any dispute arising out of such use of the Site, or the App is subject to the laws of King County, Washington, United States of America and applicable federal law without regard to conflicts of laws principles.

Section IV - Copyright Complaints. (DMCA Takedown Requests)

4.1

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent:

Red Bell Studio LLC
Attn: Copyright Agent
8201 164TH AVE NE # 200
Redmond, WA 98052
Email: copyright@swiflie.com

4.2

To be effective, the notification must be both a written communication and e-mail that includes the following: a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) 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; c) 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 us to locate the material; d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; e) A statement that the complaining party has 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 f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4.3

Red Bell Studio, LLC, may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. Red Bell Studio, LLC, may, within its sole discretion, terminate authorization of users of its Services who are repeat infringers.