The Swibe website at swibe.nl is a copyrighted work of Swibe. Certain features of the site may be subject to additional guidelines, conditions or rules, which will be posted on the site in connection with such features.
All such additional terms, guidelines and rules are incorporated into these terms by reference.
Access to the website
Subject to these terms. The Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, non-commercial use.
Certain restrictions. The rights granted to you in these terms are subject to the following restrictions: (a) you may not sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the site; (b) you will not modify, create derivative works from, disassemble, reverse compile or reverse engineer any part of the Site; (c) you will not visit the site to build a comparable or competing website; and (d) except as expressly provided herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, unless otherwise noted, for any future release, update or other additions to the functionality of the site are subject to these terms. All copyright and other proprietary notices on the site must be retained on all copies thereof.
The Company reserves the right to change, suspend, or discontinue the Site with or without notice to you. You agree that the company will not be liable to you or any third party for any modification, interruption or termination of the site or any part.
No support or maintenance. You agree that the Company is under no obligation to provide you with support in connection with the Site.
Except for any User Content that you may provide, you are aware that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Site and its content are owned by the Company or its suppliers. Please note that these Terms and access to the Site do not give you any right, title or interest in or to any intellectual property rights, except for the limited access rights set forth in Section 2.1. The company and its suppliers reserve all rights not granted in these terms.
User Content. "User Content" means any information and content that a user submits to the Site. You are solely responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby declare that your User Content does not violate our Acceptable Use Policy. You may not claim or imply to others that your User Content is provided, sponsored or endorsed by the Company in any way. Since you are solely responsible for your User Content, you may expose yourself to liability. The Company is under no obligation to back up any User Content you post; also, your User Content may be removed at any time without notice to you. You are solely responsible for making your own backup copies of your User Content if you wish.
You hereby grant Company an irreversible, non-exclusive, royalty-free, and fully paid-for, worldwide license to reproduce, distribute, publicly display and perform your User Content, prepare derivative works, incorporate in other works, and otherwise use and exploit your User Content, and to sublicense the foregoing rights, solely for the purpose of including your User Content on the site. You hereby irrevocably waive any and all claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute User
Content (i) that infringes any third party right or any intellectual property or proprietary right; (ii) which is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, defamatory, pornographic, obscene, manifestly offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (iii) which is harmful to minors in any way; or (iv) which violates any law, regulation or obligation or restriction imposed by any third party.
In addition, you agree not to: (i) upload, transmit or distribute any software to or through the Site that is intended to damage or alter any computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, pro-moving material, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages; (iii) use the Site to collect, collect or compile information or data about other users without their consent; (iv) disrupt, disrupt or place undue burden on any servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated agents or scripts to create multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review User Content and, in our sole discretion, to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or another person. Such action may include removing or modifying your User Content, terminating your account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide the Company with any feedback or suggestions regarding the Site, you hereby assign all rights to such Feedback to the Company and agree that the Company has the right to use and fully exploit such Feedback and related information on any way it sees fit. The Company will treat any feedback you provide to the Company as non-confidential and non-proprietary.
You agree to indemnify and hold harmless the Company and its officers, employees and agents, including costs and attorneys' fees, from any claim or demand by any third party arising out of or arising out of (a) your use of the Site, ( b) your violation of these Terms, (c) your violation of any applicable law or regulation, or (d) your User Content. The Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate in our defense of these claims. You agree not to settle any matter without the Company's prior written consent. The Company will make reasonable efforts to notify you of any such claim, action or proceeding as soon as it becomes aware of it.
Links and advertisements from third parties; other users
Third Party Links and Ads. The Site may contain links to third party websites and services and/or display advertisements for third parties. Such third-party links and advertisements are not under the control of the Company and the Company is not responsible for any third-party links and advertisements. The Company provides access to these third-party links and advertisements only as a convenience and does not review, approve, review, endorse, warrant or make any representations regarding third-party links and advertisements. You use all third-party links and advertisements at your own risk, exercising due caution and discretion. When you click on any of the third party links and advertisements, the applicable terms and policies of the third party will apply, including the third party's privacy and data collection practices.
Other users. Each site user is solely responsible for all of their own user content. Because we have no control over User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. You agree that the Company is not responsible
for any loss or damage incurred as a result of such interactions. If there is a dispute between you and a site user, we are under no obligation to become involved.
You hereby release and release the Company and our officers, employees, agents, successors and assigns from, and hereby waive and waive any past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, arising or arising directly or indirectly from, or directly or indirectly related to, the Site. If you are a California resident, you hereby waive section 1542 of the California Civil Code in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspects to be in his or her or her advantage existed at the time of execution of the release, which, if he or her was known, must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, Swibe uses 'cookies'. These cookies are used to store information, including visitors' preferences and the pages on the website that the visitor has visited or visited. The information is used to optimize the user experience by customizing our web page content based on visitors' browser type and/or other information.
The Site is provided on an "as-is" and "as available" basis, and the company and our suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied or statutory, including any warranties or conditions of marketability. , fitness for a particular purpose, title, undisturbed enjoyment, accuracy or non-infringement. We and our suppliers do not warrant that the site will meet your requirements, will be available uninterrupted, timely, secure or error-free, or that it will be accurate, reliable, free of viruses or other harmful code, complete, legal. or safe. If applicable law requires warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of Liability
To the maximum extent permitted by law, in no event shall the Company or our suppliers be liable to you or any third party for any lost profits, lost data, cost of purchasing replacement products or any indirect, consequential, exemplary, incidental , special or punitive damages arising out of or in connection with these Terms or your use of, or inability to use, the Site, even if Company has been advised of the possibility of such damages. Access to and use of the Site is at your sole discretion and risk, and you are solely responsible for any damage to your device or computer system, or loss of data, as a result.
To the maximum extent permitted by law, our liability to you for any damages arising out of or in connection with this Agreement shall at all times be limited to a maximum of fifty United States dollars (US$50) notwithstanding anything to the contrary. provisions herein. The existence of more than one claim will not increase this limit. You agree that our suppliers shall have no liability whatsoever arising out of or in connection with this Agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this section, these terms and conditions will remain in full force and effect while you use the site. We may suspend or terminate your rights to use the Site at any time for any reason in our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these terms, your account and the right to access and use the site will terminate immediately. You understand that any termination of your account may result in the removal of your User Content associated with your account from our live databases. The Company will not be liable to you in any way for any termination of your rights under these Terms. Even after your rights under these terms have ended
igd, the following provisions of these terms and conditions will remain in effect: Articles 2 to 2.5, Article 3 and Articles 4 to 10.
The company respects the intellectual property of others and asks that users of our site do the same. In connection with our site, we have adopted and implemented a policy that respects copyright law that provides for the removal of infringing material and the termination of users of our online site who repeatedly infringe intellectual property rights, including copyrights. If you believe that one of our users, by using our site, unlawfully infringes the copyright(s) in a work, and you wish to have the allegedly infringing material removed, please do the following: information in the form of written notice up to 17 USC § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim has been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to enable us to locate such material;
your address, telephone number and email address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that is allegedly infringed, or that you are authorized to act on the copyright owner's behalf.
Please note that, according to 17 U.S.C. § 512(f), any misrepresentation of material facts in any written notice will automatically subject the complaining party to liability for any damages, costs and attorneys' fees incurred by us in connection with the written notice and allegation of copyright infringement.
These Terms may be revised from time to time and if we make any substantial changes we may notify you by emailing the last email address you provided to us and/or by a prominent notice of the changes on our website. site. You are responsible for providing your most current email address. In the event that the last email address you provided to us is not valid, our transmission of the email containing such notice will nevertheless constitute an effective notice of the changes described in the notice. Any changes to these terms will become effective no earlier than thirty (30) calendar days after our sending an email to you or thirty (30) calendar days after our posting of the notice of the changes on our site. These changes are effective immediately for new users of our site. Continued use of our site after notice of such changes indicates that you acknowledge such changes and agree to be bound by the terms of such changes. Dispute settlement. Please read this arbitration agreement carefully. It is part of your contract with the company and affects your rights. It contains MANDATORY BINDING ARBITRATION PROCEDURES AND FORMATION OF A COLLECTIVE ACTION.
Applicability of Arbitration Agreement. All claims and disputes related to the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Agreement to Arbitrate applies to you and the Company, and to all subsidiaries, affiliates, agents, employees, predecessors, successors and assigns, as well as any authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notification Requirement and Informal Dispute Resolution. Before either party may request arbitration, the party must first provide the other party with a written notice of dispute describing the nature and basis of the claim or dispute and the remedy sought. A notice to the company should be sent to: Aspergeakker 14, 2723XB Zoetermeer. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally
to solve. If you and the Company fail to resolve the claim or dispute within thirty (30) days of receipt of notice, either party may initiate arbitration proceedings. The amount of any settlement offer made by one party may not be disclosed to the arbitrator until the arbitrator has determined the amount of award to which either party is entitled.
Arbitration Rules. Arbitration will be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available for arbitration, the parties agree to select an alternate ADR provider. The ADR Provider's rules apply to all aspects of the arbitration, except to the extent such rules conflict with the Terms. The AAA Consumer Arbitration Rules applicable to the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the aggregate amount of the award sought is less than ten thousand United States dollars ($ 10,000.00) may be resolved by binding arbitration without appearances, at the option of the party seeking indemnification. For claims or disputes where the aggregate amount of the award sought is ten thousand United States dollars ($ 10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Each hearing will be held at a location within 100 miles of your residence, unless you reside outside the United States and unless the parties agree otherwise. If you reside outside of the US, the arbitrator will reasonably notify the parties of the date, time and place of any oral hearings. Any judgment on the arbitrator's award may be submitted to any court of competent jurisdiction. If the arbitrator awards you an award in excess of the last settlement offer the Company made to you prior to the commencement of the arbitration, the Company will pay you the greater of the award or $2,500.00. Each party bears its fault