You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and use our Services.
You can access these terms at any time at http://videoswipe.net/terms.php. We can make changes to these terms at any time in accordance with paragraph 9 below and your continued use of our Services shall confirm your acceptance of the updated terms.
1. Access to our Services
The charge for any individual feature you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.
You are responsible for the internet connection and/or mobile charges that you may incur for using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you play.
We have the right to withdraw or modify one or more of our apps or any other part of our Services (in whole or in part) without liability to you from time to time:
for technical reasons (such as technical difficulties experienced by us or on the internet);
to allow us to improve user experience;
where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services);
because it no longer makes business sense for us to provide the relevant app or part of our Services;
because we have altered the services we provide.
There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
2. Your Account
VideoSwipe uses the Facebook login dialogs to identify you. You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.
If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the YouTube video history and VideoSwipe playlist data and any Virtual Money or Virtual Goods associated with your account).
3. Your breach of these terms
We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches).
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
4. Disclaimer and Release
We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
For any losses or harm (other than those mentioned in paragraph 4.1), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
We are not responsible for:
losses or harm not caused by our breach of these terms or negligence;
losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
any increase in loss or damage resulting from breach by you of any of these terms and conditions;
technical failures or the lack of availability of our Website, Apps, and/or social media channels where these are not within our reasonable control.
We will provide our Services with the same skill and care as other similar website service providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services and we are not responsible or liable for any interruptions or errors that you may experience while accessing our Services.
Any additional legal rights which you may have as a consumer remain unaffected by these terms.
5. Intellectual property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use our Services (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else.
- 5.3 You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
- 5.4 In particular, and without limiting the application of paragraph 5.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise.
- 5.5 By submitting Content via our Services you:
- are representing that you are fully entitled to do so;
- grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
- acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content;
agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
- 5.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to firstname.lastname@example.org:
- a description of the intellectual property rights and an explanation as to how they have been infringed;
a description of where the infringing material is located;
- your address, phone number and email address;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.
- 6.2 We send occasional promotional emails which you may, at any time, opt-out of receiving by clicking an 'unsubscribe' link which will be found at the foot of every communication we send to you. If you believe your unsubscribe request has not been acted on, or you wish to delete all your personal information held by us you may do so by contacting us at email@example.com.
- 6.3 Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our apps and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Services more enjoyable for you and others that use our apps on that social network. If you do not agree to these practices you should not allow our apps to interact with your social network.
7. Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
8. Entire agreement
- 8.1These terms set out the entire agreement between you and us concerning our Services (as defined in the first paragraph) and they replace all earlier agreements and understandings between you and us. If you also access or use our apps via other platforms (for example via Google Play or the App Store, or via any other third party website or service, including, without limitation, Facebook) then different terms and conditions apply in respect of those Services.
9. Changes to these terms
- 9.1You can find these terms at any time by visiting https://videoswipe.net/terms.php. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
11. Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
12. Complaints and dispute resolution
Most concerns can be solved quickly by contacting us at firstname.lastname@example.org. In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Netherlands.
13. Questions about these terms
If you have any questions about these terms or our Services you may contact us by email at email@example.com.
These terms were last updated on April 3rd 2014.