Terms of Use

YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.

Acceptance of terms

The following terms and conditions govern all use of the http://www.swivel.com website (the Site) and the services available on or at the Site (taken together, the Service). The Service is owned and operated by Swivel, LLC (Swivel). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on this Site by Swivel.

The Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. If you do not so qualify, do not attempt to use the Service. Swivel may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.

Modification of terms of use

Swivel reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy

Swivel's current Site Privacy Statement is located on the Privacy page and is incorporated into these Terms of Use. For inquiries in regard to Swivel's Privacy Policy, or to report a privacy related problem, please contact

Rules and conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. For purposes of the Terms of Use, "Content" includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Swivel or its partners on or through the Service.

By way of example, and not as a limitation, you shall not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Swivel or any third party; or
impersonates any person or entity, including any employee or representative of Swivel.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Swivel in its sole discretion) an unreasonable or disproportionately large load on Swivel's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures Swivel may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.

You shall abide by all applicable local, state, national and international laws and regulations.

Registration

As a condition to using Services, you may be required to register with Swivel and select a password and screen name (Swivel Screen Name). You shall provide Swivel with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Swivel account. You shall not (i) select or use as a Swivel Screen Name a name of another person with the intent to impersonate that person; (ii) use as a Swivel Screen Name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Swivel Screen Name a name that is otherwise offensive, vulgar or obscene. Swivel reserves the right to refuse registration of, or cancel a Swivel Screen Name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Swivel password. You shall never use another user's account without such other user's express permission. You will immediately notify Swivel in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third party sites

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Swivel's control, and you acknowledge that Swivel is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Swivel or any association with its operators. You further acknowledge and agree that Swivel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Swivel content generally

You agree that the Service contains Content specifically provided by Swivel or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Swivel in writing, you shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, Swivel hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content (excluding any software code); provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Swivel.

User Submissions

The Service provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content (including, without limitation, information, data, and images) to the Service ("User Submissions"). By posting User Submissions on or at the Site or otherwise through the Service, you:

acknowledge and agree that you grant to Swivel, its affiliates and their assignees a Creative Commons Attribution 2.5 license (located at: http://creativecommons.org/licenses/by/2.5/legalcode) to such User Submissions, including without limitation, any concepts, ideas or know-how embodied therein;
represent and warrant that you own, control, or otherwise possess sufficient legal rights to such User Submissions and that disclosure and use of such User Submissions by Swivel (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
acknowledge that such User Submissions may not be treated confidentially.

You shall not provide Swivel with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. Swivel does not endorse and has no control over any User Submission.

Swivel has no obligation to monitor the Site, Service, Content, or User Submissions. Swivel may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Termination

Swivel may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No warranties

THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SWIVEL, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT OR USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL SWIVEL, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless Swivel, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Swivel reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Swivel in asserting any available defenses.

International/Non-California use

Swivel makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Swivel agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in San Francisco County, California and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and severability

The Terms of Use are the entire agreement between you and Swivel with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Swivel with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). 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.

Miscellaneous

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Swivel's prior written consent. Swivel may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Privacy Policy

At Swivel, we know that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By accessing the Swivel website or using any of the services provided through the website you are accepting the practices outlined in this Privacy Policy.

What does this privacy policy cover?

This Privacy Policy covers Swivel’s treatment of personal information that Swivel gathers when you are on the Swivel website and when you use Swivel services.

This Privacy Policy does not apply to content you post or otherwise make available to other users or the public via the website. You acknowledge that your Swivel display name (if you have one) may be displayed to other users when you post content. Any content that you submit to the Swivel site may be widely redistributed through the Internet and other media channels.

This policy does not apply to the practices of third parties that Swivel does not own or control, or to individuals that Swivel does not employ or manage.

Website visitors

Swivel collects non-personally-identifying information including the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Swivel's purpose in collecting non-personally identifying information is to better understand how Swivel's visitors use its website. From time to time, Swivel may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Gathering of personally-identifying information

Certain visitors to Swivel's websites choose to interact with Swivel in ways that require Swivel to gather personally-identifying information. The amount and type of information that Swivel gathers depends on the nature of the interaction. For example, we may ask customers who want save graphs or upload data to register with a username and email address on the Swivel website. Those who engage in transactions with Swivel are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Swivel collects such information only insofar as is necessary or appropriate to fulfill the purpose of the customer's interaction with Swivel. Swivel does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain activities.

In addition, we may combine non-personally-identifiable information with personally-identifiable information in a manner that enables us to attribute Swivel usage to an individual customer's computer or network. We do so, however, only for our own internal business purposes and will not share such combined data with third parties without your permission.

Aggregated statistics

Swivel may collect statistics which may be comprised of aggregated personally-identifying information about the behavior of visitors to its websites and customers of its services. Swivel may display this statistical information publicly or provide it to others. However, Swivel does not disclose personally-identifying information other than as described below.

Protection of certain personally-identifying information

Swivel discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Swivel's behalf or to provide services available at Swivel's websites and services, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Swivel's websites, you consent to the transfer of such information to them. Swivel will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Swivel discloses potentially personally-identifying and personally-identifying information only when required to do so by law, court order, or when Swivel believes in good faith that disclosure is reasonably necessary to protect the property or rights of Swivel, third parties or the public at large.

Communications

If you are a registered member of a Swivel website and have supplied your email address, Swivel may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Swivel and our products. We primarily use our corporate blog and website to communicate this type of information, so we expect to keep this type of email to a minimum. If you are a registered member of a Swivel website and do not wish to receive such emails, please follow the instructions included in each email sent. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Swivel takes measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Swivel uses cookies to help Swivel identify and track visitors, their usage of Swivel website, and their website access preferences. Swivel visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Swivel's websites, with the drawback that certain features of Swivel's websites may not function properly without the aid of cookies.

Privacy policy changes

Swivel may change its Privacy Policy from time to time, and in Swivel's sole discretion. Swivel encourages visitors to frequently check this page for any changes to its Privacy Policy. If changes are made, notice will be given in the Swivel blog. Your continued use of our sites and services after any change in this Privacy Policy will constitute your acceptance of such change.