Swingit
Disclaimer:
Swingit is not responsible for any incorrect or
inaccurate content
posted
on the Website or in
connection with Services, whether caused by Swingit , Members, or by any of the equipment or
programming associated with or utilized by Swingit . Under no circumstances will Swingit or
any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or
damage, including personal injury or death, resulting from anyone’s use of the Services, any
content posted on the Website or transmitted to Members, or any interactions between Members,
whether online or offline. Services are provided “AS-IS” and Swingit expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. Swingit cannot guarantee and
does not promise any specific results from use of Services.
Welcome to Swingit . The following are the rules or "Terms" that govern use of the Swingit website site. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the site. Swingit Corporation, Swingit And their respective affiliates and subsidiaries collectively Swingit reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate these Terms of Use, Swingit may terminate your use of the site, bar you from future use of the Site, cancel your delivery request, and/or take appropriate legal action against you.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for your personal use, unless otherwise specifically authorized by Swingit to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Swingit to do so. The content and software on this Site is the property of Swingit and/or its suppliers and is protected by India and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
Swingit does not promise that the Site will be error-free, uninterrupted, nor that it will provide
specific results from use of the Site or any Content, search or link on it. The Site and its Content
are delivered on an "as-is" and "as-available" basis. Swingit cannot ensure that
files you
download from the Site will be free of viruses or contamination or destructive features. Swingit
disclaims all warranties, express or implied, including also any implied warranties of
merchantability and fitness for a particular purpose. Swingit will not be liable for any damages
of any kind arising from the use of this Site, including without limitation, direct, indirect,
incidental, and punitive and consequential damages.
Swingit makes no guarantee of any specific result from use of this Site or use of the Swingit
service.
Swingit disclaims any and all liability for the acts, omissions and conducts of any third party
users, Swingit users, advertisers and/or sponsors on the Site, in connection with Swingit
service or otherwise related to your use of the Site and/or the Swingit service. Swingit is not
responsible for the products, services, actions or failure to act of any venue, performer, promoter
or other third party in connection with or referenced on the Site. Without limiting the foregoing,
you may report the misconduct of users and/or third party advertisers, service and/or product
providers referenced on or included in the Site to Swingit using ouronline help desk. Swingit
may investigate the claim and take appropriate action, in its sole discretion.
You understand and agree that in Swingit's sole discretion, and without prior notice, Swingit may terminate your access to the Site, any other remedy available and remove any unauthorized User Content, if Swingit believes that the User Content you provided has violated or is inconsistent with these Terms of Use violated the rights of Swingit , another User or the law. You agree that monetary damages may not provide a sufficient remedy to Swingit for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Swingit may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Swingit is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.
Except in jurisdictions where such provisions are restricted, in no event will Swingit be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if Swingit has been advised of the possibility of such damages.
This site is controlled and operated by Swingit from its offices in the India. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed and construed by Indian law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this site, litigation must be brought in court in India without regard to its conflict of law provisions.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to SWINGIT certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to- date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or SWINGIT’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by SWINGIT in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 18. You may not authorize third
parties to use your Account, and you may not allow persons under the age of 18 to receive
COURIER SERVICES from Third Party Providers unless they are accompanied by you. You
may not assign or otherwise transfer your Account to any other person or entity. You agree to
comply with all applicable laws when using the Services and you may only use the Services for
lawful purposes (e.g., no delivery of unlawful or hazardous materials). You will not, in your use
of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the
Third Party Provider or any other party. In certain instances you may be asked to provide proof
of identity to access or use the Services, and you agree that you may be denied access to or use
of the Services if you refuse to provide proof of identity.
Text Messaging.
By creating an Account, you agree that the Services may send you informational text (SMS)
messages as part of the normal business operation of your use of the Services. You acknowledge
that opting out of receiving text (SMS) messages may impact your use of the Services.
SWINGIT may, in SWINGIT’s sole discretion, permit you from time to time to submit, upload,
publish or otherwise make available to SWINGIT through the Services textual, audio, and/or
visual content and information, including commentary and feedback related to the Services,
initiation of support requests, and submission of entries for competitions and promotions ("User
Content"). Any User Content provided by you remains your property. However, by providing
User Content to SWINGIT, you grant SWINGIT a worldwide, perpetual, irrevocable,
transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create
derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any
manner such User Content in all formats and distribution channels now known or hereafter
devised (including in connection with the Services and SWINGIT’s business and on third-party
sites and services), without further notice to or consent from you, and without the requirement of
payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User
Content or you have all rights, licenses, consents and releases necessary to grant SWINGIT the
license to the User Content as set forth above; and (ii) neither the User Content nor your
submission, uploading, publishing or otherwise making available of such User Content nor
SWINGIT’s use of the User Content as permitted herein will infringe, misappropriate or violate
a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or
result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene,
pornographic, unlawful, or otherwise offensive, as determined by SWINGIT in its sole
discretion, whether or not such material may be protected by law. SWINGIT may, but shall not
be obligated to, review, monitor, or remove User Content, at SWINGIT’s sole discretion and at
any time and for any reason, without notice to you.