Swētspot Terms and Conditions
1. Acceptance of Terms
2. Description of Services
Swētspot is an Internet networking service provider, utilizing web-based software, where people such as business owners, marketing professionals and group members can organize their groups, perform marketing functions, and manage corporate operations. As described above, anyone who takes advantage of the aforementioned software in any way, form, or fashion, shall be considered a User for purposes of this Agreement.
3. Conditions of Use
If a User chooses to register on the Site, such User must provide certain personally identifiable information, including but not limited to, name, address, and email address, (collectively “Registration Information”). Providing false Registration Information on the Site constitutes a material breach of this Agreement, to which Swētspot may immediately terminate User’s access to the Site. If a User is registered through the use of a proxy, a league manager, or a team captain, that particular representative expressly represents that he, she, or it has the proper authority and permission to register such player or User on the Site. Any false or misrepresentation of authority is cause for immediate termination of access to the Site.
Swētspot license is not transferable to a third party over a public exchange. Swētspot and subsidiary product subscriptions can only be sold by Swētspot. An Swētspot account is transferable within the original company or under certain acquisition circumstances with permission from Swētspot. Any transfer of an Swētspot account to a new entity is subject to adjustment to current published pricing and training/setup programs.
4. No Endorsement of Content or Businesses
Swētspot makes no representations, warranties, or endorsements, express or implied, regarding the quality, accuracy, reliability or condition of any content posted on the Site, regardless of who posted such content or when it was posted or for what purpose it was posted. Swētspot does not control the quality, safety, truth or accuracy of the content that is posted on the Site and makes no representation thereof. Swētspot shall have no obligation to review the Site’s content and User understands this. All content provided by Users of the Site is the sole responsibility of the User, not Swētspot. User understands that by making any use of the Site whatsoever, User may be exposed to content that is inaccurate, misleading, or content that User may otherwise find objectionable. User hereby agrees that User shall evaluate and assume all risks and liability associated with the use of any content, and that under no circumstances will Swētspot or any of its affiliates, be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site.
5. Acceptable and Lawful Use of Site
Any Registration Information, computer information, or other information User provides to Swētspot in connection with User’s use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses of any kind, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another’s privacy, or harm minors in any way; (f) shall not create liability for Swētspot or cause Swētspot to lose (in whole or in part) the software products or Swētspot’ suppliers; and (g) shall not include personal or identifying information about another person who does not wish to be included. Swētspot reserves the right to deny access to our networks to any organizations or individuals who violate any of the above conditions. Users shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site. Swētspot reserves the right to report any wrongdoing, if Swētspot becomes aware of it, to the applicable government agencies. If User breaches any provision of this paragraph, Swētspot may not only immediately terminate User’s access to the Site, but User agrees that Swētspot shall bring any and all legal action against User allowed within the law for such tortious conduct.
6. Acceptable and Lawful Use of Software
Any use, reproduction, redistribution of any products by User, software or otherwise, that are not in accordance with the intended use of the Site, are expressly prohibited by this Agreement, the law, and can result in severe civil and criminal penalties. Swētspot may, at its sole discretion, prosecute violators to the maximum extent of the law.
ANY COPYING, DISTRIBUTION, REPRODUCTION, REDISTRIBUTION, OR FURTHER REDISTRIBUTION OF THE SITE OR ANY SOFTWARE PRODUCTS TO ANY OUTSIDE LOCATION, OTHER SERVER, OUTSIDE PARTY, ENTITY, OR PERSON, IS EXPRESSLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF Swētspot.
All users of Swētspot and the Software agree to uphold the principles set by the EU-US Privacy Shield Framework. Use of the Swētspot platform certifies that the user agrees to and takes responsibility for protecting any data gathered about citizens of the European Economic Area (EEA) in accordance with the EU-US Privacy Shield Framework. Users accept liability for protecting and limiting distribution of data gathered to be in compliance with the EU-US Privacy Shield Framework.
7. License Granted
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created or in fact created by this Agreement between User and Swētspot. This Agreement is between the User and Swētspot and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between User and any third party, User understands and agrees that Swētspot shall not be under any obligation to become involved. In the event that one User has a dispute with one or more other Users or third parties, both Users hereby expressly and unconditionally release Swētspot’ officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services. Users shall also fully indemnify Swētspot its officers, employers, agents, successors and the like fully for any claims made by a third party, including claims for costs and attorney’s fees.
9. Posting on Swētspot
Swētspot utilizes reasonably secure servers to protect Users Registration Information. Users shall not disclose Registration Information to third parties. Users understand that they are fully responsible for all activities which occur under their Registration Information. User agrees to immediately notify Swētspot in writing of any unauthorized use of User’s own account. Anyone deemed a proxy, in charge of another User’s account, a league manager, or a team captain, agrees to refrain from disclosing Registration Information to third parties, unless written consent from Swētspot is obtained prior to such information being disclosed.
Privacy Statement; Email
Users have read and understand the terms of our Privacy Statement more fully described at http://admdusa.com/privacy/ which is hereby incorporated into this Agreement by reference as (Exhibit “A”). Users acknowledge that the Site may link to other sites on the World Wide Web which may not controlled by Swētspot and that the collection of Swētspot’ data by these other sites may be outside the scope of Swētspot’ control. Swētspot reserves the right to monitor a User’s use of the Site in accordance with our Privacy Statement. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from Swētspot in connection with the use of the Site and software, including without limitation newsletters, notifications by league managers, captains and other players and reminders of events, event schedules and attendance.
12. System Integrity
Users shall not use any device, software, or routine to interfere with the proper working of the Site. Users shall not use any method to intercept or expropriate any system data or information from the Site without the express written consent of Swētspot. Consent shall not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email or Spam. Users shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of Swētspot. Information on the Site is frequently updated and is proprietary or is licensed to Swētspot. Users shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Swētspot web site without the prior expressed written permission of Swētspot and the appropriate third party.
13. System Outages
Swētspot periodically scheduled system downtime for maintenance and other purposes. Unplanned system outages also may occur. Swētspot shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
14. No Warranty
Swētspot provides this web site and the software products “as is” and without any warranty or condition, express, implied or statutory. Swētspot specifically disclaims, and User expressly waives, any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Users assume total responsibility and risk for use of this site, use of any service providers obtained from this site, the software products, and hyperlinked web sites.
Swētspot makes no warranty that the site will meet User’s specific requirements or expectations, or that software products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the software products or as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from Swētspot shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.
15. Other Limitations of Liability
Swētspot’ parent company, shareholders, affiliates, suppliers or their respective authorized representatives shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages. If any court of competent jurisdiction strikes the above clause down for whatever reason, Swētspot’ liability shall still be limited to the fullest extent permitted by law. Users understand and agree that the download and upload of any material through this site is done at User’s discretion and risk and that User’s will be solely responsible for any loss or damage to User’s computer system or loss of data that may result in the download or upload of any material. Swētspot neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site and software products. The limitations of liability provided in this Agreement inure to the benefit of Swētspot our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.
User shall indemnify, defend and hold harmless Swētspot’ parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees and costs) resulting from User’s use of the Site or software products provided hereunder by Swētspot and Visitor’s or User’s breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.
Notices to User and Swētspot shall be by email or sent via certified mail, return receipt requested. Email to Swētspot shall be sent to email@example.com. Email Notices sent to Users within the USA shall be sent to the email address contained in User’s Registration Information. US Mail to User shall be sent to the address User provides. If User fails to provide such an address, then Swētspot shall not be under an obligation to locate or sent US Mail. User is responsible for keeping the User’s Registration Information current. Swētspot shall not be responsible for User’s failure to receive notice if User’s Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after the email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing firstname.lastname@example.org or by updating their account information online.
18. Electronic Signatures
Any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by User.
19. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any suit relating to this Agreement, the Site or the software products shall be brought exclusively in the courts of Pinellas County Florida, the Parties consent to the jurisdiction thereof.
The Site is offered by Swētspot. Anyone wishing a copy of this Agreement may obtain such by emailing email@example.com. Questions concerning the Site, the software products, or any aspect of this Agreement should be directed to Swētspot.
22. No Spam
User shall not send unsolicited bulk email (spam). All Users are required to accept and adhere to Swētspot’ anti-spam policy (attached hereto as (Exhibit “B”) and incorporated by reference). This policy also applies to using Swētspot’ network to send SMS text messages.
Additional Terms for Account Owners
If a User signs up for a paid Swētspot subscription or account, that User shall be deemed an “Account Owner” and the following additional terms and conditions shall also apply to such User. Such Account Owner may have contacts in his or her account that may use the Site to make payments to the Account Owner for events, such as meetings, practices, event fees, sports equipment or other fees or costs relating to the group or team.
1. Monthly Membership Fee for Account Owners
The charge to an Account Owner for the ‘Premium Account Membership’ shall be charged on the Account Owner’s credit card at the end of each 30-day cycle after Account Owner’s initial subscription date.
2. Additional Benefits
Swētspot offers additional benefits to the Account Owner (paying subscribers). These benefits include, but are not limited to, more flexible emailing tools, faster contact import functions, and processing of payments for events and seasons. Swētspot shall in no way be involved in the transaction between buyers and sellers. Any dispute between the buyer and the seller shall not involve Swētspot. Account Owners shall therefore indemnify Swētspot fully for any costs, fees, including attorney’s fees Swētspot may have to pay in defending itself in defending itself against a buyer or a seller.
3. Items Sold via the Store
Account Owner waives any guaranty or warranty obtained regarding the quality, safety or legality of items advertised, any complaints regarding the accuracy of content or listings, including disputes or complaints regarding the description of items, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction to the fullest extent allowable under the law.
4. Transfer of Items Sold via the Store
Swētspot does not transfer legal ownership of items from the seller to the buyer. Nothing in this Agreement shall modify the provisions of California Commercial Code Section 2401(2) which provides in pertinent part “Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading.”
Depending on your subscription with Swētspot, you may have transaction fees associated with selling items on your storefront or for event registration. This will be found on your Account Settings page when you are logged in to your Swētspot account. If transaction fees apply to the account subscription, Account Owner agrees that Swētspot charges a transaction fee for payments made through the Site by players to Account Owners and payments made through the Store by any buyer. Such transaction fee(s) shall be charged on Account Owners credit card at the end of each month. By signing up for the premium account, Account Owner expressly authorizes Swētspot to automatically process all such fees by credit card at the end of each month. All transaction fees shall be non-refundable. The fee charged by Swētspot shall be in addition to any transactional fees paid to PayPal, Stripe, or Authorize.net. PayPal, Stripe and Authorize.net are third party vendors which provide on-line payment services.
Restriction on Use of the Store
While using the Store, Account Owner shall not:
Violate any laws or third party rights; Use the Store if you are not able to form legally binding contracts or are under the age of 18; Fail to deliver items purchased from Account Owner, unless the buyer fails to meet agreed upon terms; Intentionally, accidentally, or negligently circumvent or manipulate Swētspot’ fee structure, billing process or fees owed to Swētspot Transfer Account Owner’s account and User Identification to another person or entity without Swētspot’ express written consent; Offer to sell or sell any of the following prohibited items: Adult content and sexually oriented materials including child pornography; Agricultural compounds including fertilizers; Alcoholic beverages including beer, wine, spirit, and liquor; Animals, fish, plants, and wildlife products; Cigarette, cigar, tobacco, or nicotine products; Copyrighted items and content which breach any copyright or other intellectual property rights; Counterfeit items including, coins, currency, and stamps; Drug paraphernalia and narcotics; Firearms, fireworks, ammunition, pyrotechnics, and explosives; Government-issued identification documents including passport, driver license, police badge and insignia; Human bodies or body parts and bodily fluids; Illegal telecommunication or electronic equipment such as satellite, digital, cable Law enforcement and military items prohibited by federal and state law; Lottery and raffle tickets, sweepstakes, pyramid schemes, manufacturer coupons, multiple level marketing programs, etc.; Mailing lists, personal information, e-mail addresses, or URL’s; Meat, livestock and poultry; Medicine, medical devices, and health-related supplements; Weapons such as pepper spray, switchblade knives, ninja stars, or concealed weapons; Products recalled by the U.S. Consumer Product Safety Commission, other government agency, or product manufacturers; Real estate; Slot machines and gambling equipment; Stocks, bonds, and securities of companies; Non-transferrable travel packages and offers including vouchers, airplane tickets, train tickets, and timeshare properties; and Any other item that violates any applicable federal, state or local law or regulation or which Swētspot determines, in its sole discretion, is inappropriate for sale through the Store. If Account Owner does violate this provision, Swētspot shall be able to immediately terminate Account Owner’s account, and recover any and all fees, costs and expenses incurred from such actions, including attorney’s fees.
7. Abuse and Misuse of Store
Swētspot may terminate Account Owner’s account and services at any time upon notice to Account Owner. Swētspot may also but has no duty, to immediately terminate its services, terminate Account Owner’s access and password, and/or remove any content. Upon termination, Account Owner shall remain fully and solely responsible for any applicable transaction fees still due and owing. Termination by Account Owner requires 30 days advance written notice to Swētspot upon the completion of 6 months of the 12-month term. The written notice must be emailed to firstname.lastname@example.org and the subject line must state “30 Day Termination Notice”.
9. Limitation of Liability
Swētspot provides the Store “as is” and without any warranty or condition, express, implied or statutory. To the fullest extent legally permitted, Swētspot specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Account Owners assume total responsibility and risk for use of the Store. Swētspot cannot guarantee continuous or secure access to its services and operation of the Store may be interfered with by factors outside of its control. Swētspot shall not be liable for any loss of money, goodwill or reputation or special, indirect, or consequential damages arising out of Account Owners use of the Store or Swētspot’ services.
Additional Terms for Members of Groups
A User who signs up as a member of a group on the Swētspot site shall be deemed a “Member”. Members of groups may have additional benefits provided to them. There are no additional monthly fees charged to group members.
1. Transaction Fees
User, Member and Account Holder agree that PayPal, Stripe and/or Swētspot charge fees for payments made through the Site. Such transaction fee(s) are in addition to event and season fees. By providing your billing information through the Swētspot and PayPal or Stripe payment systems, User, Member and Account Holders expressly authorize PayPal, Stripe and Swētspot to automatically process all such fees. All transaction fees are non-refundable. PayPal and Stipe are third-party vendors which provides on-line payment services.
2. Limitation of Liability
Swētspot assumes no risk of liability in connection with these transactions, and any disputes shall be handled directly between the parties and not involve Swētspot whatsoever.
Additional Terms for Sponsors
Individuals, companies, and other entities may choose to sponsor an Swētspot group or company (hereinafter “Sponsors”). Sponsors and their sponsorships are displayed on the group Website, at the discretion of the group organizer. Some accounts provide an online mechanism for a third party to become a Sponsor directly through the group Website.
1. Transaction Fees
Users, Members and Account Holders agree that PayPal, Stripe, Authorize.net, and Swētspot charge fees for payments made through the Site by Sponsors to Account Owners. Such transaction fee(s) are in addition to sponsorship fees charged by the Account Owner. By providing User, Member, or Account Holder billing information through the Swētspot and PayPal, Stripe and Authorize.net payment systems, Swētspot is expressly authorized to automatically process all such fees. All transaction fees are non-refundable. PayPal, Stripe, and Authorize.net are third party vendors which provide on-line payment services.
2. Limitation of Liability
Swētspot assumes no risk of liability in connection with the transactions between Sponsors and Account Owners, and any dispute between a Sponsor and an Account Owner shall be handled directly between the Sponsor and Account Owner.
2. Personal Information
Personal Information shall be defined, but not limited to, as information that is specifically identifiable to a unique individual, information such as a name, address, individual’s telephone number, e-mail address, account number, information about an individual’s activities if directly linked to that person (hereinafter “Personal Information”). Personal Information also includes, but shall not be limited to, demographic information, such as date of birth, one’s gender, geographic area, and personal preferences if such information can identifiable and unique.
3. Personal Information We Collect
Swētspot collects Personal Information from Users in a number of ways, examples of such are: when Users visit the Swētspot site, Swētspot collects Personal Information when Users: (1) register and set up an account; or (2) contact Swētspot by e-mail for any reason. When Users visit the Swētspot web site, some information is also automatically collected, such as the Users computer’s Internet Protocol (“IP”) address, Users computer’s operating system, the browser type, the address of a referring web site, and the time and date of Users visit and purchases. Swētspot treats this information as Personal Information if it is combined with or linked to any of the identifying information mentioned above. While these may be some examples of how Swētspot can gather and obtain User Personal Information, User shall not consider this to be an exhaustive list.
4. How We Use Personal Information
Swētspot uses Personal Information to process User requests and provide Users with services, to inform Users about other products, to provide Users with products and/or services Swētspot believes may be of interest to the User. When Swētspot uses User Personal Information in its own marketing efforts, Swētspot provides Users with options and do not disclose the User’s Personal Information to third parties, except as described in this Policy. Personal Information provided online may be linked together or merged with other Personal Information so that Swētspot may better understand User needs and inform Users about Swētspot products or services. Swētspot also uses User Personal Information to send Users informational e-mails, including without limitation to newsletters, notifications by account owners, project managers, forum moderators, league managers, group members, and reminders of event schedules and attendance.
If Users send emails through the Swētspot site, the User must understand that the email will include email address and any personal message included. Due to the nature of the e-mail being sent from the Swētspot site, these emails are not private communications and therefore are not confidential. Swētspot has no responsibility to keep such information confidential if User sends emails through the Swētspot site. User shall not use the Site or any software provided through the Site to send spam or content that violates this agreement or any other User agreement.
Swētspot has put security measures into place in an effort to protect User’s Personal Information while such information is under Swētspot control. All Personal Information relating to Users are stored in a reasonably secure environment, separate from the Site. User’s account information is accessible online only through the use of a confidential password. To protect the confidentiality of Personal Information, User must keep its password confidential and not disclose it to any other person. User is solely responsible for all uses of the Site by any person using User password. User shall advise Swētspot immediately if User believes its password has been misused or improperly obtained.
7. Control of Personal Information
Swētspot gives the User the opportunity to opt-out of receiving communications from Swētspot and to view, correct, or delete User’s own Personal Information. Swētspot does not sell, rent, or share Personal Information with third parties without User’s prior consent, except in the limited circumstances, such circumstances described in this Policy. Swētspot may share Personal Information with third-party vendors who assist Swētspot in performing functions necessary to operate Swētspot’ own business. These functions may include, but are not limited to, website hosting, credit card transaction processing, and data entry. Swētspot limits User Personal Information shared with Swētspot third-party vendors to that which Swētspot believes is necessary to carry out those functions. In addition, Swētspot may disclose Personal Information in the good faith belief that Swētspot are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of Swētspot its users, its employees or the public. Information about Swētspot Users, including Personal Information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.
8. Cookies, IP Addresses and URLs
Automatically Collected Information: Swētspot automatically receives certain types of Personal Information whenever a User interacts with Swētspot. For example, when a User visits the Site, Swētspot automatically collects the User IP address and the type of browser the User uses. Information may be automatically collected through the use of a term called “cookies.” Swētspot also collects various types of information called ‘clickstream information’, which is information about Users browsing behavior, such as IP address information, entry and exit points for the Site, search terms, web site addresses User visits, page views, and impressions. Cookies are also collected. Cookies are small text files placed on Users hard drive by a web site when Users visit a particular website. These files identify a User’s computer and record a User’s preferences and other data about a User’s visit so that when the User returns to the site, the site knows who the User is, and can personalize the User visit. Most browsers automatically accept cookies as the default setting. Users can modify the setting to reject cookies or to prompt Users before accepting a cookie from the sites User visit by editing browser options. Swētspot may place or recognize a unique cookie on Users browser to enable Users to receive customized content or services. Any cookies made available to shopping carts or other tracking information sent to third parties will reflect only de-identified demographic or other data linked to data Users have voluntarily submitted to Swētspot will be encrypted, and will not be used to identify Users individually. If Users decide not to accept Swētspot cookies, Users will still be able to access those parts of the Swētspot site available to the general public, but Users may not be able to login or use the site’s features or services, and Users may have a less satisfactory experience.
9. Links to Other Web Sites
10. Policy Changes
Swētspot reserves the right to change or alter this Policy at any time. Swētspot may use User Personal Information for new, unanticipated uses not previously disclosed in this Policy. Swētspot encourages Users to email email@example.com periodically if the User is concerned about how the Users Personal Information is used or for a copy of our potentially updated policy or view the policy at our website at http://Swētspot.ai/privacy/.
Swētspot interim DPO:
To request your data or to Schedule a time to speak, please contact: